The Csi Church v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and W.M.P.(MD) No.28761 of 2025 The CSI Church rep. by its Treasurer Arumai Nayagam @ Ponnaiah S/o.Rajamani Nadar Door No.1-6-3/7, Poigai Main Road Sambavarvadakarai, Kadayanallur Taluk Tenkasi District ... Petitioner -vs1.The District Collector Tenkasi District, Tenkasi 2.The Tahsildar Kadayanallur Taluk Kadayanallur Tenkasi District 3.The Executive Officer Sambavarvadakarai Town Panchayat Tenkasi District 4.S.V.Vaithiyalingam ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records pertaining to the impugned notice issued by the third respondent in his proceedings in Na.Ka.No.32/2017, dated 07.10.2025 and quash the same as illegal and arbitrary and consequently direct the third respondent herein do not interfere with the petitioner's peaceful possession and enjoyment of the Church property.

For Petitioner :

Mr.G.Gomathisankar For Respondents :

Mr.S.R.A.Ramachandran Additional Government Pleader for R1 to R3

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.] This writ petition has been filed challenging the notice dated 07.10.2025, issued by the third respondent, directing the petitioner - Church to remove the encroachments made by them in the land classified as "Government Poramboke Lane".

2. From the reading of the affidavit filed in support of this writ petition, this Court finds that the petitioner - Church purchased a land

adjacent to a lane and thereafter, they are trying to encroach upon the said lane, which is abutting the Church. Therefore, the third respondent issued the impugned notice dated 07.10.2025 to remove the encroachment made by the petitioner - Church in the subject lane, which has been identified after the survey. This action has been taken by the official respondents only after this Court passed an order dated 24.06.2025 in W.P.(MD) No.1162 of 2019 filed by the fourth respondent herein directing the official respondents to remove the encroachments made in the subject lane. Whileso, this writ petition has been filed seeking to quash the impugned notice issued by the third respondent, as if there is a mistake in the UDR survey and therefore, the impugned notice is to be quashed. This Court does not find any merit in this writ petition and the same is, therefore, liable to be dismissed.

3. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [G.J., J.] [K.K.R.K., J.] 17.12.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, Kadayanallur Taluk, Kadayanallur, Tenkasi District.

3.The Executive Officer, Sambavarvadakarai Town Panchayat, Tenkasi District.

DR.G.JAYACHANDRAN, J.

AND K.K.RAMAKRISHNAN, J.

krk and W.M.P.(MD) No.28761 of 2025 17.12.2025