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Madras High CourtWP(MD)/28484/2025disposed of

G.Kavitha Arumugam v. The District Collector/Monitoring Committee,

2025-10-13Honourable The Chief Justice,Honourable Ms.Justice R. Poornima6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2025

CORAM:

THE HONOURABLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE and THE HONOURABLE MS.JUSTICE R.POORNIMA G.Kavitha Arumugam W/o.Gomathi Sankar No.18, Pudhu Pettai South Street Palayamkottai Taluk Tirunelveli District ... Petitioner -vs1.The District Collector / Monitoring Committee Tirunelveli District 2.The Revenue Divisional Officer Tirunelveli Sub Division Tirunelveli District 3.The Tahsildar Palayamkottai Taluk Tirunelveli District 4.The Superintending Engineer State High ways Department A.R.Line Road, Palayamkottai Tirunelveli District

5.The Divisional Engineer State High Ways Department A.R.Line Road Palayamkottai Tirunelveli District 6.Annamalai S/o.Not Known Proprietor Mahalakshmi Steels 8th Street, Sivanthipatti Main Road Thiyagaraja Nagar, Palayamkottai Tirunelveli District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing respondents 1 to 5 to remove the encroachment Siddhi Vinayagar temple to the extent of 10 feet width and 10 feet length and subsequently further Encroached Eastern Side road by Constructing paver Block stone about 10 feet width and 30 feet length outside the said temple in public road Sivanthipatti Main road (State highway) in Block 12 in Town survey No.1 situated at Thiyagaraja Nagar, Vijaya Ragava Mudhaliyar Sathiram Ward, Palaymkottai Taluk, Tirunelveli District made by the 6th respondent based on petitioner representations dated 08.09.2025 and 18.09.2025 within a stipulated by this Court.

For Petitioner :

Mr.C.Saravanakumar For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 to R5 Mr.Karthikeya Venkatachalapathy for Mr.M.Maharaja for R6

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard.

2. On an allegation of encroachment made through this writ petition, we would direct the State to expeditiously conclude the enquiry by conducting appropriate survey and find out whether the allegations are correct. If it is found that there are encroachments on the public street, it goes without saying that the same are required to be removed forthwith.

3. Considering that the representation was first made on 8th of September, 2025, we hereby direct the fifth respondent to take appropriate decision in the matter. The Tahsildar / third respondent shall ensure that the survey is conducted within six weeks from the date of receipt of a copy

of this order. Soon thereafter, the fifth respondent shall proceed to act in accordance with law.

4. The petition is, accordingly, disposed of. There shall be no order as to costs.

[MANINDRA MOHAN SHRIVASTAVA, C.J.] [R.POORNIMA, J.] 13.10.2025 NCC : Yes / No Index : Yes / No krk To:

1.The District Collector / Monitoring Committee, Tirunelveli District.

2.The Revenue Divisional Officer, Tirunelveli Sub Division, Tirunelveli District.

3.The Tahsildar, Palayamkottai Taluk, Tirunelveli District.

4.The Superintending Engineer, State High ways Department, A.R.Line Road, Palayamkottai, Tirunelveli District.

5.The Divisional Engineer, State High Ways Department, A.R.Line Road, Palayamkottai, Tirunelveli District.

THE HON'BLE CHIEF JUSTICE and R.POORNIMA, J.

krk 13.10.2025