Case brief
What is this about?
Madras High Court, W.P.No.18092 of 2021, decided 04.12.2025 (S.M.Subramaniam & C.Kumarappan, JJ.). Writ of Mandamus under Article 226 seeking action against the 9th respondent/neighbour for alleged encroachment and illegal construction over 129 sq.ft. of the petitioner's land in Survey Nos.361/6 and 361/11 (re-numbered 361/7, 361/11A2, 361/20), Chinnasalem Village, Kallakurichi District, based on Tahsildar's report dated 12.07.2021. Land stated (by Addl. Government Pleader) to be Grama Natham assigned with patta. Civil suits between the parties pending — originally O.S.Nos.115 of 2021 and 143 of 2022 (Additional District Munisif Court, Kallakurichi), transferred and renumbered as O.S.Nos.73 of 2025 and 111 of 2025 (District Munsif cum Judicial Magistrate, Chinnasalem). Held: private dispute; writ petition not maintainable; parties free to pursue civil remedies. Petition dismissed, no costs; W.M.P.No.19323 of 2021 closed. Keywords: maintainability, private dispute, encroachment, mandamus, alternative/civil remedy, Grama Natham, patta.