K.Subburam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2026

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN W.P(MD)No.26523 of 2025 and W.M.P(MD)Nos.20575 and 20578 of 2025 K.Subburam ... Petitioner .Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Executive Officer, W.Pudupatti Town Panchayat, Watrap Taluk, Virudhunagar.

3.The Tahsildar, Watrap Taluk, Watrap, Virudhunagar.

4.Padmanabhan ... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the second respondent in Na.Ka.No.204 of 2024, dated 19.09.2025 and quash the same and further forbearing the respondents 2 and 3 from evicting the Petitioner land comprised in S.No.1609/44 in W.Pudupatti Town Panchayat, Watrap Taluk, Virdhunagar District in furtherance of the above said impugned order till the disposal of the statutory appeal, dated 26.6.2025 by the Petitioner before the first respondent under Section 10 of the Land Encroachment Act, 1905.

For Petitioner : Mr.N.Marimuthu For Respondents : Mr.S.P.Maharajan 1 to 3 Special Govt. Pleader For Respondent-4 : M/s.S.Susmitha for M/s.Aran Legal Consultancy

O R D E R

(Order of the Court was made by DR.G.JAYACHANDRAN) The Writ Petition is filed seeking issuance of a Writ of Certiorarified Mandamus to quash the impugned order passed by the Executive Officer, West Pudupatti Town Panchayat, dated 2/6

19.09.2025.

2.The impugned notice of the Executive Officer is in respect of removal of encroachment from the land identified as Government Poramboke Lane in S.No.1609/45 pursuant to the survey conducted by the official respondents 0.00.06 sq mts of public land has been encroached by the Writ Petitioner by putting up stair-case, sunshade and balcony, over and above the land which he hold in S.No.1609/44. When notice was issued to the respondents to verify whether there is any encroachment made by the Writ Petitioner in the alleged Government Poramboke Lane, the report filed by the respondents indicate that the Writ Petitioner has encroached 6 sq mts of land, whereas, his neighbour, who is the fourth respondent, has encroached 12 sq.mts of the Government land.

Recording the same, this Court directed the respondents to remove the encroachment made by the Petitioner as well as the fourth respondent. Today, the Tahsildar, Watrap Taluk,Virudhunagar District has filed a report along with the report of the Surveyor indicating that the encroachment is made by the Writ Petitioner as well as the fourth respondent in S.No.1609/45 been totally removed. Photographs to that effect is also furnished.

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3.Being satisfied with the encroachment in the Government Poramboke Lane bearing S.No.1609/45 been totally removed, this Court finds that no further order is required in this Writ Petition. 4.Recording the removal of encroachment made by the Writ Petitioner, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. [G.J.,J.] [K.K.R.K.,J.] 27.01.2026 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Executive Officer, W.Pudupatti Town Panchayat, Watrap Taluk, Virudhunagar.

3.The Tahsildar, Watrap Taluk, Watrap, Virudhunagar.

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DR.G.JAYACHANDRAN, J.

and K.K.RAMAKRISHNAN,J.

vsn ORDER MADE IN W.P(MD)No.26523 of 2025 and W.M.P(MD)Nos.20575 and 20578 of 2025 27.01.2026 6/6