R.Jeeva v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE R.Jeeva ... Petitioner vs.

1. The District Collector, Madurai District.

Madurai.

2. The Tahsildar, Madurai East Taluk, Madurai District.

3. The Commissioner of Corporation, Madurai Corporation, Madurai.

4. The Assistant Commissioner, Zone - 1 East, Madurai Corporation, Madurai.

5. The Head Surveyor, Viratipathu Taluk Office, Madurai.

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6. Latha Maheswari ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing 1 to 4 respondents to give appropriate direction to the 5th respondent to consider the petitioners representation dated on 29.08.2025 consequently 1 to 4 respondents based on the report of 5th respondent to remove the encroachment of 6 feet public path way which is in front of petitioners house situated at old Door No.2A, 2B, new Door No.11, now ward No.12, Yoganathasamy Madam Vadaku Street, Madurai within the time frame fixed by this Court.

For Petitioner : Ms.K.M.Priscilla Jancy For R1, R2 & R5 : Mr.J.Ashok Addl. Government Pleader For R3 & R4 : Mr.K.K.Kannan Standing Counsel

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the present writ petition is to direct the respondents 1 to 4 to issue appropriate directions to the fifth respondent to consider the petitioner's representation dated on 29.08.2025 and consequently, 2/5

based on the report of the fifth respondent, to take necessary steps to remove the encroachment of 6-feet wide public pathway situated in front of the petitioner's house at Old Door Nos.2A, 2B, New Door No.11, now ward No.12, Yoganathasamy Madam Vadaku Street, Madurai, within a time frame to be fixed by this Court.

2. The learned Standing Counsel appearing on behalf of the Madurai Corporation would submit that the petitioner submitted a representation to remove the encroachment in her patta land. Subject property do not belong to Madurai Corporation and not a Government property. The petitioner has already filed a civil suit in O.S.No.1776 of 2023 and was disposed of on 20.12.2024. Since the alleged encroachment is in the patta land, even as per the petitioner, the petition is not maintainable and consequently, the writ petition stands dismissed. No costs.

[S.M.S.,J.] & [A.D.M.C.,J.] 05.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN 3/5

To

1. The District Collector, Madurai District.

Madurai.

2. The Tahsildar, Madurai East Taluk, Madurai District.

3. The Commissioner of Corporation, Madurai Corporation, Madurai.

4. The Assistant Commissioner, Zone - 1 East, Madurai Corporation, Madurai.

5. The Head Surveyor, Viratipathu Taluk Office, Madurai.

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S.M.SUBRAMANIAM , J.

and DR.A.D.MARIA CLETE , J.

PKN ORDER MADE IN DATED : 05.08.2025 5/5