Disposed

K.Tamilselvan v. The District Collector

Madras HC16 Sept 2025WP(MD)/23834/2025

Case brief

AI extract

What is this about?

Writ petition sought removal of encroachment on a pathway in C.Pudupatty. Review by the encroacher was closed after authorities issued a fresh notice under Section 128(2), TN Urban Local Bodies Act, giving him 15 days to respond; authorities to conclude proceedings within eight weeks.

What did the court decide?

Review petition closed; authorities directed to conclude proceedings under Section 128(2) TNULB Act within eight weeks after hearing R4.

K.Tamilselvan Vs The District Collector — Municipal and Town Planning | Madras HC (2025)

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W.P.(MD)No.23834 of 2025 and Rev.Aplw(MD)No.217 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 13.11.2025

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CORAM:

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THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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W.P.(MD)No.23834 of 2025 and Rev.Aplw(MD)No.217 of 2025

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1.W.P(MD)No.23834 of 2025 :

K.Tamilselvan

... Petitioner

Vs.

1.The District Collector, Theni District, Theni.

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2.The Tahsildar, Uthamapalayam Taluk, Theni District.

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3.The Executive Officer, C.Pudupatty Town Panchayat, C.Pudupatty, Uthamapalayam Taluk, Theni District.

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4.Murugan ... Respondents

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

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PRAYER:- Writ Petition filed under Article 226 of the Constitution of

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W.P.(MD)No.23834 of 2025 and Rev.Aplw(MD)No.217 of 2025

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PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the 4^th respondent in Old Survey No. 274, New Survey No.1141/14 situated at Gandhiji Lane, C.Pudupatty, Uthamapalayam Taluk, Theni District and consider the petitioner's representation dated 10.6.2025 within a time frame stipulated by this Court.

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For Petitioner : Mr.K.Guhan

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For Respondents : Mr.J.Ashok (R1 to R3) Additional Government Pleader

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2.Rev.Aplw(MD)No.217 of 2025 :

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Murugan ... Review Petitioner/4^th Respondent

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Vs. 1.K.Tamilselvan ... 1^st Respondent/Writ Petitioner

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2.The District Collector, Theni District, Theni.

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3.The Tahsildar, Uthamapalayam Taluk, Theni District.

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4.The Executive Officer, C.Pudupatti Town Panchayat, C.Pudupatti, Uthamapalayam Taluk, Theni District. ... Respondents 2 to 4/Respondents 1 to 3

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

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PRAYER:- Review Application filed under Order 47 Rule 1 & 2 under

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W.P.(MD)No.23834 of 2025 and Rev.Aplw(MD)No.217 of 2025

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PRAYER:- Review Application filed under Order 47 Rule 1 & 2 under Section 114 of CPC to review the order passed by this Court in W.P(MD)No.23834 of 2025 dated 16.09.2025 and allow the Writ Petition.

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For Petitioner : Mr.A.Ananda Raja For Respondents : Mr.K.Guhan (R1) : Mr.J.Ashok (R2 to R4) Additional Government Pleader

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COMMON ORDER

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(Order of the Court was made by DR.ANITA SUMANTH, J.)

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W.P(MD)No.23834 of 2025 is listed today under the caption 'to

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report compliance'.

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2.W.P(MD)No.23834 of 2025 was filed by K.Tamilselvan

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seeking a Mandamus directing the official respondents to remove the encroachment alleged to have been made by R4 in Old Survey No.274,

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New Survey No.1141/14, at Gandhiji Lane, C.Pudupatty, Uthamapalayam Taluk, Theni District.

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3.The Writ Petition was disposed on 16.09.2025, recording the submission of Mr.Ashok, learned Additional Government Pleader that

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

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W.P.(MD)No.23834 of 2025 and Rev.Aplw(MD)No.217 of 2025

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instructions had been issued to the official respondents to take action to remove the encroachment in terms of the provisions of the Tamil Nadu Urban Local Bodies Act, 1998, as the report filed by the Tahsildar, Uthamapalayam was categoric to the effect that R4/Murugan had encroached upon an extent of 0.00.29 square metres by erecting a wall and door in Survey No.1141/14, which property was reflected in the revenue records as a pathway/street.

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4.Rev.Aplw(MD)No.217 of 2025 has been filed by Murugan, seeking review of order dated 16.09.2025 in W.P(MD)No.23834 of 2025 on the ground that it does not provide for adherence to the principles of natural justice.

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5.Parallelly, when the matter was taken up to record compliance of order dated 16.09.2025, we noted that the notice issued to Murugan did not even refer to the relevant statutory provision, and we had, directed listing of that matter today to ensure that proper proceedings are initiated.

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6.Mr.Ashok, now circulates a copy of the notice dated 12.11.2025, which, according to him, is complete in all respects. A copy

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

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W.P.(MD)No.23834 of 2025 and Rev.Aplw(MD)No.217 of 2025

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of that notice has been handed over to the learned counsel for review petitioner as well as learned counsel for K.Tamilselvan.

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7.Under the notice dated 12.11.2025, which makes reference to

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Section 128(2) of the Tamil Nadu Urban Local Bodies Act, 1998, 15 days time has been given to R4 to submit his response.

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8.It is now for the noticee/R4 to make his submissions before

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the authorities and the authorities are directed to conclude the proceedings in accordance with law, after hearing the review petitioner, within a period of eight weeks from today.

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9.Review Petition (MD)No.217 of 2025 stands closed. No further orders are required in W.P(MD)No.23834 of 2025. No costs.

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[A.S.M.J.,] & [C.K.J.,] 13.11.2025

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NCC :Yes/No Index :Yes/No Internet :Yes ps

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

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W.P.(MD)No.23834 of 2025 and Rev.Aplw(MD)No.217 of 2025

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1.The District Collector, Theni District, Theni.

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2.The Tahsildar, Uthamapalayam Taluk, Theni District.

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3.The Executive Officer, C.Pudupatty Town Panchayat, C.Pudupatty, Uthamapalayam Taluk, Theni District.

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

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W.P.(MD)No.23834 of 2025 and Rev.Aplw(MD)No.217 of 2025

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DR.ANITA SUMANTH, J. AND C.KUMARAPPAN, J.

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W.P.(MD)No.23834 of 2025 and Rev.Aplw(MD)No.217 of 2025

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13.11.2025

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

K.Tamilselvan v. The District Collector

Case brief

What is this about?

What did the court decide?

K.Tamilselvan v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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