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B.Malaisamy Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

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Madras HC
2025
B.Malaisamy Vs The District CollectorB.Malaisamy v. The District Collector

Dismissed¶28

B.Malaisamy v. The District Collector

Madras HC29 Aug 2025WP(MD)/21139/2025

Case brief

AI extract

What is this about?

W.P.(MD)No.21139 of 2025; Madurai Bench of Madras High Court; decided 29.08.2025 by G.Arul Murugan J. with S.M.Subramaniam J.; petitioner B.Malaisamy; respondents include District Collector, District Revenue Officer and Tahsildar (Sivagangai District), Inspector of Police Tiruppuvanam, and private persons N.Chinnar Ambalam, N.Alagappan, N.Chokkar Ambalam. Subject: alleged encroachment on land S.No.142, Allinagaram Village, Tiruppuvanam Taluk, Sivagangai District; petitioner's representation dated 21.04.2025; Tahsildar inspection per instructions dated 11.08.2025 found no encroachment; writ petition dismissed, no costs. Statute cited: Article 226, Constitution of India. No precedents cited.

What did the court decide?

Accepting the Special Government Pleader's submission supported by the Tahsildar's instructions, the Court concluded that the fact remains that there is no encroachment as alleged by the petitioner in the subject property, and therefore the relief sought by the writ petitioner cannot be entertained.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the respondents should be directed (via a Writ of Mandamus under Article 226) to remove the alleged illegal encroachments on land comprised in S.No.142 of Allinagaram Village, Tiruppuvanam Taluk, Sivagangai District, pursuant to the petitioner's representation dated 21.04.2025.

Court's answer

Accepting the Special Government Pleader's submission supported by the Tahsildar's instructions, the Court concluded that the fact remains that there is no encroachment as alleged by the petitioner in the subject property, and therefore the relief sought by the writ petitioner cannot be entertained.

Ratio / Principle

Since no encroachment was found as alleged, the writ petition is dismissed with no costs.

Detailed headnote1 paragraphs

Constitutional mandamus petition (Article 226) by B.Malaisamy seeking removal of alleged illegal encroachments on land in S.No.142 of Allinagaram Village, Tiruppuvanam Taluk, Sivagangai District, following his representation dated 21.04.2025. At hearing, the Special Government Pleader, relying on Tahsildar instructions dated 11.08.2025, reported that an inspection conducted in the petitioner's presence found no encroachment as alleged. Concluding that no encroachment exists, the Court held that the relief sought could not be entertained and dismissed the writ petition with no costs. Bench: S.M.Subramaniam and G.Arul Murugan, JJ.; order passed by G.Arul Murugan, J.; decision dated 29.08.2025.

A

W.P.(MD)No.21139 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 29.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

W.P.(MD)No.21139 of 2025

B.Malaisamy ... Petitioner

-Vs-

1.The District Collector, Office of the District Collector, Sivagangai District.

2.The District Revenue Officer, Office of the District Revenue Officer, Sivagangai District.

3.The Tahsildar, Office of the Tiruppuvanam Taluk Office, Sivagangai District.

4.The Inspector of Police, Tiruppuvanam Police Station, Tiruppuvanam, Sivagangai District.

5.N.Chinnar Ambalam 6.N.Alagappan 7.N.Chokkar Ambalam ... Respondents

1/5

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

W.P.(MD)No.21139 of 2025

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to take immediate action for removal of the illegal encroachments put up in respect of the land comprised in S.No.142 of Allinagaram Village, Tiruppuvanam Taluk, Sivagangai District considering the petitioner's representation dated 21.04.2025 within the time stipulated by this Court.

For Petitioner : Mr.R.Ganesan For R1 to R3 : Mr.S.P.Maharajan Special Government Pleader For R4 : Mr.T.Senthil Kumar Additional Public Prosecutor For R5 & R6 : Notice not ready

ORDER

(Order of the Court was made by G.ARUL MURUGAN, J. )

Heard Mr.R.Ganesan, learned counsel appearing for the petitioner, Mr.S.P.Maharajan, learned Special Government Pleader appearing for the respondents 1 to 3 and Mr.T.Senthil Kumar, learned Additional Public Prosecutor appearing for the fourth respondent.

2.The writ petition is filed seeking for a direction to remove the encroachments made in the subject properties in S.No.142 of Allinagaram Village, Tiruppuvanam Taluk, Sivagangai District.

2/5

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

W.P.(MD)No.21139 of 2025

When the writ petition is taken up for hearing, the learned Special Government Pleader appearing for the respondents 1 to 3 based on the instructions of the Tahsildar, dated 11.08.2025, submitted that an inspection was conducted in the subject property in the presence of the petitioner. In the inspection conducted it was found that there is no encroachment as alleged by the petitioner in the subject property.

In view of the submissions made and the fact remains that there is no encroachment as alleged by the petitioner, the relief sought for by the writ petitioner cannot be entertained. Accordingly, the writ petition is dismissed. No costs.

(S.M.S., J.) & (G.A.M., J.) 29.08.2025

NCC : Yes / No Index : Yes / No am

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

W.P.(MD)No.21139 of 2025

To

1.The District Collector, Office of the District Collector, Sivagangai District.

2.The District Revenue Officer, Office of the District Revenue Officer, Sivagangai District.

3.The Tahsildar,

Office of the Tiruppuvanam Taluk Office, Sivagangai District.

4.The Inspector of Police, Tiruppuvanam Police Station, Tiruppuvanam, Sivagangai District.

4/5

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

W.P.(MD)No.21139 of 2025

S.M.SUBRAMANIAM, J. AND G.ARUL MURUGAN, J. am

W.P.(MD)No.21139 of 2025

29.08.2025

5/5

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the respondents should be directed (via a Writ of Mandamus under Article 226) to remove the alleged illegal encroachments on land comprised in S.No.142 of Allinagaram Village, Tiruppuvanam Taluk, Sivagangai District, pursuant to the petitioner's representation dated 21.04.2025.¶23
The court held
Accepting the Special Government Pleader's submission supported by the Tahsildar's instructions, the Court concluded that the fact remains that there is no encroachment as alleged by the petitioner in the subject property, and therefore the relief sought by the writ petitioner cannot be entertained.ratio¶28

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226¶18

Procedural history

How this case reached the court

AI extract

Prior proceeding
Petitioner had submitted a representation dated 21.04.2025 to the respondents seeking removal of the alleged encroachments, and sought a mandamus directing action on that representation.¶18
Prior proceeding
At hearing, the learned Special Government Pleader, based on instructions of the Tahsildar dated 11.08.2025, reported that an inspection of the subject property was conducted in the petitioner's presence and that no encroachment was found (counsel's submission, not this Court's independent finding).¶27

Parties & counsel

AI extract

petitioner
B.Malaisamy¶8
R.Ganesan
respondent
The District Collector, Office of the District Collector, Sivagangai District¶10
S.P.Maharajan
respondent
The District Revenue Officer, Office of the District Revenue Officer, Sivagangai District¶11
S.P.Maharajan
respondent
The Tahsildar, Office of the Tiruppuvanam Taluk Office, Sivagangai District¶12
S.P.Maharajan
respondent
The Inspector of Police, Tiruppuvanam Police Station, Tiruppuvanam, Sivagangai District¶13
T.Senthil Kumar
respondent
N.Chinnar Ambalam¶14
respondent
N.Alagappan¶14
respondent
N.Chokkar Ambalam¶14

Coram

AI extract

S.M.Subramaniammember¶5
G.Arul Muruganauthor¶21

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 29 Aug 2025 · August
Registered: 31 Jul 2025
Case no.: WP(MD)/21139/2025
CNR: HCMD010926252025
Topic: Writ and Judicial Review
Bench: S.m. Subramaniam G.arul Murugan
Disposal: DISMISSED
Case type: W.P.(MD)

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Cite this judgement

B.Malaisamy v. The District Collector, WP(MD)/21139/2025 (MAD), decided on 29 August 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 226

View all statutes

Procedural history2

Petitioner had submitted a representation dated 21.04.2025 to the respondents seeking removal of the alleged encroachments, and sought a mandamus directing action on that representation.
At hearing, the learned Special Government Pleader, based on instructions of the Tahsildar dated 11.08.2025, reported that an inspection of the subject property was conducted in the petitioner's presence and that no encroachment was found (counsel's submission, not this Court's independent finding).

View full history

Bench / Coram

S.M.Subramaniam and G.Arul Murugan

Parties & counsel