A modification petition sought to alter an interim order passed in a writ petition seeking removal of encroachments from land classified as salai (road), which had recorded the government's statement that enforcement would follow due procedure. The Court held that modifying the order by re-adjudicating merits was impermissible and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction
Thursday, the Seventh day of August Two Thousand and Twenty Five
PRESENT
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE
WMP(MD). No.15987 of 2025 IN
WP(MD)NO.18800 OF 2025
1.Pandiyan
2.Vadivukarasi ... Petitioners/Respondents 7 & 8
1 Venkatesan
2 The District Collector / Monitoring Committee Pudukkottai
Pudukkottai District.
3 The Divisional Engineer Highways
Pudukkottai,Pudukkottai District.
4 The Assistant Divisional Engineer
Pudukkottai District.
https://www.mhc.tn.gov.in/judis 5 The Revenue Divisional Officer Pudukkottai Pudukkottai District.
6 The Commissioner Pudukkottai Municipality Pudukkottai, Pudukkottai District.
7 The Inspector of Police Ganesh Nagar Police Station Pudukkottai District. ... Respondent Nos 2 to 7 /Respondents 1 to 6
Prayer in WMP(MD)No.15987 of 2025:-
This Writ Miscellaneous Petition is filed Under Article 226 of the Constitution of India,to pass an order to modify the order made in WP(MD).No. 18800 of 2025 dated 11.07.2025 that till the final verdict of the proceeding before the DRO in Petition No. 2463910/2024 and the suit in O.S.No. 84/2024 on the file of the Honble District Munsif Court, Pudukkottai no action shall be taken under guise of eviction to evict the petitioner from her property in T.S.No. 13/4 in Manippallam Road, Pudukkottai Town, Pudukkottai District and thus render justice.
Prayer in WP(MD). 18800/ 2025 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Writ Petition, to issue a Writ of Mandamus, directing the Respondent 1 to 6 to remove the encroachments made by the Respondent 7th and 8th in S.No. 13/4 situated in Manippallam road, Pudukkottai Town, which is classified as salai (Road).
ORDER:- This Writ Miscellaneou Petition coming on for orders on this day and
upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.Ananth C Rajesh For Mr.A.Haja Mohideen, Advocate for the Petitioner and of Mr.R.Maheswaran,Advocate For Respondent NO.1 and Mr.M.Sarangan Additional Government Pleader For R2 to R6 and Mr.T.Senthil
Kumar Additional Public Prosecutor For R7, this Court made the following order:
This modification petition is filed to modify the order of this Court, dated 11.07.2025, passed in W.P.(MD) No.18800 of 2025.
2. The said writ petition was instituted seeking to remove the
encroachments. During the course of hearing of the said writ petition, learned Additional Government Pleader appearing for the respondents 2 to 6 herein made a submission that enforcement actions are initiated by following the procedures contemplated. The said statement was recorded and the authorities concerned were directed to proceed with the enforcement action. This being the order passed, the modification, as such sought for, by re-adjudicating the merits of the case would not arise at all.
3. Accordingly, this miscellaneous petition is dismissed.
Sd/Assistant Registrar (CS-II)
// True Copy //
/ /2025 Sub Assistant Registrar (CS - I/II/III/IV)
TO
1 The District Collector / Monitoring Committee Pudukkottai Pudukkottai District.
2 The Divisional Engineer https://www.mhc.tn.gov.in/judis Highways Pudukkottai,Pudukkottai District.
3 The Assistant Divisional Engineer Highways Construction and Maintenance Office Pudukkottai Pudukkottai District.
4 The Revenue Divisional Officer Pudukkottai Pudukkottai District.
ORDER DATED : 07/08/2025 ========================== ORDER ========================== WMP(MD). No.15987 of 2025 IN WP(MD)NO.18800 OF 2025 Giving direction and etc. as stated within.
TS (28/08/2025) 4P/9C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
1 issue framed by the court
Whether the interim order dated 11.07.2025 in WP(MD)No.18800 of 2025 restraining eviction could be modified.
1 provisions across 1 enactments
Pandiyan
Vadivukarasi
Venkatesan
The District Collector / Monitoring Committee Pudukkottai
The Divisional Engineer Highways Pudukkottai
The Assistant Divisional Engineer Highways Construction and Maintenance Office Pudukkottai
S.M.Subramaniam
A.D.Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
