Baskaran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2026

CORAM:

THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN W.P.(MD)No.32764 of 2025 Baskaran ... Petitioner Vs.

1.The District Collector, Chariperson of District Monitoring Committee, 2.The Commissioner of Corporation, Madurai Corporation, Anna Maligai, 3.The Assistant Commissioner, 4.The Revenue Divisional Officer, 5.The Tahsildar, Madurai West Taluk, 6.The Town Planning Officer, Madurai Corporation, Madurai.

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7.The Commissioner of Police, Madurai City, Madurai.

8.The Inspector of Police, Jeihindpuram Police Station, 9.Senthilkumar ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 5 to remove the encroachment on the pathway at survey No.7, Block Number 36, Ward No.4, Rethinapuram, Chokkaththan Oorani, Madurai West Taluk, Madurai City by considering the representation dated 17.10.2025. For Petitioner : Mr.B.Mahendrarajan For Respondents : Mr.D.Sasikumar (R1, R4 & R5) Additional Government Pleader Mr.S.Vinayak (R2, R3 & R6) Mr.K.Gnanasekaran (R7 & R8) Government Advocate (Crl.side) Mr.M.Gandhi (R9)

ORDER

(Order of the Court was made by DR.G.JAYACHANDRAN, J.) The petitioner herein has filed a writ of mandamus directing the respondents 1 to 5 to remove the encroachment on the pathway at Survey No.7, Block Number 36, Ward No.4, Rethinapuram, 2/6

Chokkaththan Oorani, Madurai West Taluk, Madurai City based on his representation dated 17.10.2025.

2.We, on the earlier occasion, considering the prayer and averments made in the affidavit, directed the respondents to survey the land to verify whether there is any encroachment as alleged by the petitioner herein in Survey No.7 and file a report. 3.The report filed by the Tahsildar after conducting survey, indicates that the petitioner himself is an encroacher on the common pathway at Town Survey No.19 and he is the patta holder of Survey No.7. It is also stated that the ninth respondent has not encroached the pathway as alleged in the writ petition.

4.The learned counsel appearing for the petitioner submits that the survey report is not correct and they want to support the ninth respondent and a wrong report had been submitted. 5.We are not convinced by the said submission by the learned counsel appearing for the petitioner for the simple reason that his case 3/6

itself is that there is an encroachment on the pathway in Survey No.7 in Block No.36, whereas the revenue report says that the pathway is only in T.S.No.17 and not in T.S.No.7, which in fact is the property of the petitioner.

6.In such circumstances, we find no merits in this Writ Petition. Hence, this Writ Petition is dismissed. [G.J., J.] & [K.K.R.K., J.] 10.02.2026 Index :Yes/No Internet :Yes ta To 1.The District Collector, Chariperson of District Monitoring Committee, 2.The Commissioner of Corporation, Madurai Corporation, Anna Maligai, 3.The Assistant Commissioner, 4/6

4.The Revenue Divisional Officer, 5.The Tahsildar, Madurai West Taluk, 6.The Town Planning Officer, Madurai Corporation, Madurai.

7.The Commissioner of Police, Madurai City, Madurai.

8.The Inspector of Police, Jeihindpuram Police Station, 5/6

DR.

G. JAYACHANDRAN , J.

AND K.K. RAMAKRISHNAN, J.

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