Disposed¶30

Thangavel S v. The District Collector

Madras HC28 Aug 2025WP(MD)/11097/2023

Case brief

AI extract

What is this about?

Keywords: encroachment removed; unauthorized construction; common pathway; Old Sur.No.22/14; New Su.No.246/14; 75 Square metres; Udaiya Kanchirankulam Village; Melarangiyam Post; Thiruchuli Taluk; Virudhunagar District; District Collector Virudhunagar; Tahsildar Tiruchuli; Block Development Officer Narikudi; Village Administrative Officer; Pillaiyarkulam Village Panchayat; writ closed; no costs; Article 226; writ of mandamus-type relief; impugned order dated 17.03.2023; e.f.M3/2459/2022; W.P.(MD)No.11097 of 2023; W.M.P(MD)No.9688 of 2023; Madras High Court Madurai Bench; disposed 28.08.2025.

What did the court decide?

Writ petition closed (with 'No costs') after the Additional Government Pleader reported that the subject encroachment had been removed; the connected miscellaneous petition (W.M.P(MD)No.9688 of 2023) was likewise closed.

Thangavel S Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned order dated 17.03.2023 passed by the third respondent (B.D.O., Narikudi) vide e.f.M3/2459/2022 should be quashed and the encroachments/unauthorized constructions made by the seventh respondent in the common pathway (Old Sur.No.22/14; New Su.No.246/14, 75 Square metres) at Udaiya Kanchirankulam Village, Thiruchuli Taluk, Virudhunagar District should be removed. (Inferred from the prayer; the Bench issued no formal issue framing.)

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Court's answer

This court recorded the submission of the learned Additional Government Pleader (for respondents 1 to 5) that the subject encroachment has been removed; the removal report is counsel's submission, adopted as the basis for closure, not an independent court finding.

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Ratio / Principle

On recording that submission, the Bench closed the writ petition without further adjudication, imposed no costs, and also closed the connected miscellaneous petition.

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Detailed headnote1 paragraphs

Madras High Court, Madurai Bench (S.M. Subramaniam and G. Arul Murugan, JJ.), order dated 28.08.2025: In a writ petition under Article 226 of the Constitution of India by S. Thangavel seeking quashal of the impugned order dated 17.03.2023 passed by the third respondent (Block Development Officer, Narikudi) vide e.f.M3/2459/2022, and consequential direction to respondents 1 to 3 to remove encroachments/unauthorized constructions made by the seventh respondent in a common pathway comprising Old Sur.No.22/14 and New Su.No.246/14, admeasuring 75 square metres, at Udaiya Kanchirankulam Village, Melarangiyam Post, Thiruchuli Taluk, Virudhunagar District, the Additional Government Pleader appearing for respondents 1 to 5 submitted that the subject encroachment has been removed. Recording the above submission, the Bench closed the writ petition with 'No costs', and consequently closed the connected miscellaneous petition (W.M.P(MD)No.9688 of 2023). Respondents 6 and 7 (Mani Bharathi and Ganesan) did not appear. No precedent was cited and no issue was independently adjudicated.

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W.P.(MD)No.11097 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 28.08.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND

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THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

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W.P.(MD)No.11097 of 2023 and W.M.P(MD)No.9688 of 2023

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S.Thangavel ... Petitioner

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-Vs-

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1.The District Collector, Virudhunagar District, Virudhunagar.

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2.The Tahsildar, Tiruchuli Taluk, Virudhunagar District.

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3.The Block Development Officer, Narikudi, Virudhunagar District.

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4.The Village Administrative Officer, Udaiyakanchirankulam, Kalathur Group, Thiruchuli Taluk, Virudhunagar District.

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1/5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.11097 of 2023

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5.The President, Pillaiyarkulam Village Panchayat, Thiruchuli Taluk, Virudhunagar District.

6.Mani Bharathi

7.Ganesan

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Ceriorarified Mandamus, to call for the records pertaining to the impugned order dated 17.03.2023 passed by the third respondent vide e.f.M3/2459/2022 and quash the same as illegal and consequently direct the respondent No.1 to 3 herein to remove the entire encroachments/unauthorized constructions made in common pathway comprised Old Sur.No.22/14, New Su.No.246/14 admeasures to an extent of 75 Square metres situated at Udaiya Kanchirankulam Village, Melarangiyam Post, Thiruchuli Taluk, Virudhunagar District made by the 7th respondent within a time stipulated in accordance with law.

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For Petitioner : Mr.V.G.Chezhiyan For R1 to R5 : Mr.M.Sarangan Additional Government Pleader For R6 & R7 : No appearance

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2/5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.11097 of 2023

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ORDER

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(Order of the Court was made by S.M.SUBRAMANIAM, J. )