P.Malairajan v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN P.Malairajan ... Petitioner /Vs./ 1.The District Collector / Monitoring Committee, Theni District, Theni.

2.The Tahsildar, Uthamapalayam Taluk, Uthamapalayam, Theni District.

3.The Superintendent of Police, Theni District, Theni.

4.The Sub Inspector of Police, Gudalur Police Station, Gudalur, Theni District.

5.Mayadevan 6.The Assistant Divisional Engineer, Uthamapalayam Sub Division, Theni District.

... Respondents 1/5

(R6 is suo motu impleaded vide order of this Court dated 23.09.2025) PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents 1 and 2 to remove the encroachment made by the 5th respondent in S.Nos. 1196/6, 1196/5 and 1214/3A2, situated at Keela Gudalur, Uthamapalayam Taluk, Theni District, by considering the petitioner's representation dated 04.09.2025.

For Petitioner : Mrs.S.Prabha For Respondents : Mr.S.P.Maharajan, Special Government Pleader (R1, R2 & R6) Mr.P.Kottaichamy Government Advocate (R3 & R4) Mr.P.Karthick (R7)

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) The petitioner, who is a resident of Varusanadu, Andipatti Taluk, Theni District, has instituted this writ petition in public interest seeking a direction to R1 & R2 to remove the encroachment alleged to be caused by R5 in S.No.1196/6, 1196/5 and 1214/3A2 at Keela Gudalur, Uthamapalayam Taluk, Theni District.

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2.We had, on the earlier occasion impleaded the National Highways Authority of India as we were given to understand that the encroachment was alleged to be upon land belonging to National Highways of India.

3.Today, Mr.S.P.Maharajan, learned Special Government Pleader, circulates written instructions in Na.Ka.No.523/2025/A1 dated 31.10.2025 to the effect that R5 has himself taken the initiative to remove the encroachments. Hence, the factum of encroachment is admitted. Photographs enclosed in the written instructions also indicate that the fence and stone work have been shifted and according to Mr.S.P.Maharajan, there is no further encroachment now. 4.Recording the aforesaid and as the mandamus now stands achieved, this writ petition is closed. No costs. [A.S.M.J.,] & [C.K.J.,] 07.11.2025 NCC :Yes/No Index :Yes/No Internet :Yes ta 3/5

To 1.The District Collector / Monitoring Committee, Theni District.

2.The Tahsildar, Uthamapalayam Taluk, Uthamapalayam Taluk, Theni District.

3.The Superintendent of Police, Theni District, Theni.

4.The Sub Inspector of Police, Gudalur Police Station, Gudalur, Theni District.

5.The Assistant Divisional Engineer, Uthamapalayam Sub Division, Theni District.

4/5

DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

ta Order made in Dated:

07.11.2025 5/5