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

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Madras HC
2025
Balakrishnan Vs The District CollectorBalakrishnan v. The District Collector

Dismissed¶49

Balakrishnan v. The District Collector

Madras HC4 Sept 2025WP(MD)/24123/2025

Case brief

AI extract

What is this about?

Encroachment removal; resurvey of public road; Kaikatti-Palakurichi Road; Valanadu Village; Marungapuri Taluk; Trichy District; Survey Nos.216, 217, 238, 239, 241; mandamus under Article 226; writ petition dismissed with Rs.10,000 costs; costs to High Court Legal Services Committee; petition held not bona fide, filed to delay encroachment removal; prior order dated 25.07.2024 in W.P(MD)No.17052 of 2024; removal orders dated 09.09.2025 by Assistant Divisional Engineer; Madras High Court Madurai Bench; W.P.(MD)No.24123 of 2025; decision dated 04.09.2025; Anita Sumanth J. and C.Kumarappan J.

What did the court decide?

The survey numbers identified as encroachments in the present writ petition had already been identified by the authorities pursuant to the earlier order, and orders for their removal had been issued on 09.09.2025; accordingly, the relief sought in this petition was already in the course of implementation.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether a writ of mandamus should be issued directing the respondents to conduct a resurvey and remove the entire encroachments on both sides of the Kaikatti-Palakurichi Road in Survey Nos.216, 217, 238, 239 and 241 at Valanadu Village, Marungapuri Taluk, Trichy District, in consideration of the petitioner's representation dated 20.08.2025. +1 more

Court's answer

The survey numbers identified as encroachments in the present writ petition had already been identified by the authorities pursuant to the earlier order, and orders for their removal had been issued on 09.09.2025; accordingly, the relief sought in this petition was already in the course of implementation.

Ratio / Principle

There was absolutely no bona fide purpose in the filing of the present writ petition; the Court agreed with the learned Additional Government Pleader that the intention of the writ petitioner was only to delay the process of removal of encroachments.

Detailed headnote1 paragraphs

Writ Petition (Article 226, Madurai Bench of Madras High Court) seeking mandamus to conduct resurvey and remove encroachments on both sides of Kaikatti-Palakurichi Road in Survey Nos.216, 217, 238, 239 and 241 at Valanadu Village, Marungapuri Taluk, Trichy District, DISMISSED with costs of Rs.10,000/- payable to the High Court Legal Services Committee. Held: (i) the survey numbers flagged in the petition had already been identified by the authorities pursuant to the order dated 25.07.2024 in W.P(MD)No.17052 of 2024 (filed by one Mr.Siva Alagar for near identical relief), and removal orders were issued on 09.09.2025; (ii) the writ petition was not bona fide and was intended only to delay the removal of encroachments.

A

W.P.(MD)No.24123 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 04.09.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

W.P.(MD)No.24123 of 2025

Balakrishnan

... Petitioner

Vs.

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar/Monitoring Committee, Marungapuri Taluk, M.Kallupatti,

Trichy District.

3.The Superintending Engineer, Construction and Maintenance of Highways, Trichy District,

Trichy.

4.The Assistant Divisional Engineer,

(Construction and Maintenance), Highways, Manapparai Sub-Division,

Trichy District.

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5.The Assistant Engineer, (Construction and Maintenance), Highways, Marungapuri Circle, Marungapuri, Trichy District.

W.P.(MD)No.24123 of 2025

... Respondents

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to conduct resurvey and remove the entire encroachments made in both side of the Kaikatti-Palakurichi Road in Survey Nos.216, 217, 238, 239 and 241 at Valanadu Village, Marungapuri Taluk, Trichy District by considering petitioner's representation dated 20.08.2025 within the time stipulated by by this Court.

For Petitioner : Mr.M.Pitchai Muthu For Respondents : Mr.J.Ashok Additional Government Pleader

ORDER

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

The prayer in the present Writ Petition is for a Mandamus

directing the respondents to conduct resurvey and remove the entire encroachments on both sides of Kaikatti-Palakurichi Road in Survey Nos.216, 217, 238, 239 and 241 in Valanadu Village, Marungapuri Taluk, Trichy District.

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W.P.(MD)No.24123 of 2025

2.The petitioner claims to be a resident of the said area.

3.Mr.J.Ashok, learned Additional Government Pleader, who

accepts notice for all respondents, draws our attention to an order dated 25.07.2024 in W.P(MD)No.17052 of 2024, filed by one Mr.Siva Alagar, who is also stated to be a resident of the same area, wherein the prayer is near identical. The prayer in that Writ Petition was to direct respondents 1 to 6 therein to remove the encroachments made by the private respondents in S.F.Nos.193 and 293 at Valanadu Village, Marungapuri Taluk, Trichy District.

4.While disposing of the said Writ Petition, the Court has taken note of the position that there were other encroachments as well in the same area and has directed that the entire stretch of the road, being a public road, shall be subject to survey by the respondents and all the encroachments shall be removed, including those specifically identified in the prayer.

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W.P.(MD)No.24123 of 2025

5.Mr.J.Ashok, learned Additional Government Pleader, submits

that the process of survey has been completed and that various encroachments have been identified, including Survey No.193, which is stated to be encroached upon by the present writ petitioner ie., Mr. Balakrishnan. In conclusion, the Bench, on 25.07.2024, directed as follows:

“that there shall be a direction to the official respondents to conduct survey of the entire stretch of the land, ie., road, where whoever has been in encroachment of the public road or public property, including the private respondents as well as some other third parties and entire encroachments made by all these persons shall be identified and accordingly, after hearing them, the official respondents shall take immediate action to remove such encroachment in accordance with law. Needful as indicated above shall be undertaken by the official respondents within a period of two months from the date of receipt of a copy of this order.”

6.In the written instructions given by R4/the Assistant

Divisional Engineer, R4 confirms that the survey numbers identified as encroachments in the present Writ Petition have also been so identified by the authorities and orders have been issued for removal of the same by 4/7

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W.P.(MD)No.24123 of 2025

09.09.2025. We are of the categoric view that there is absolutely nothing bona fide purpose in filing of the present Writ Petition and we agree with the learned Additional Government Pleader that the intention of the Writ

Petitioner is only to delay the process of removal of encroachments.

7.This Writ Petition is hence dismissed, putting the petitioner to costs of a sum of Rs.10,000/- (Rupees Ten Thousand Only) payable to the High Court Legal Services Committee attached to this Bench, within a period of two weeks from today.

[A.S.M.J.,] & [C.K.J.,] 04.09.2025

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

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W.P.(MD)No.24123 of 2025

To

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar/Monitoring Committee, Marungapuri Taluk, M.Kallupatti, Trichy District.

3.The Superintending Engineer, Construction and Maintenance of Highways, Trichy District, Trichy.

4.The Assistant Divisional Engineer, (Construction and Maintenance), Highways, Manapparai Sub-Division, Trichy District.

5.The Assistant Engineer, (Construction and Maintenance), Highways, Marungapuri Circle, Marungapuri, Trichy District.

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W.P.(MD)No.24123 of 2025

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

ps

W.P.(MD)No.24123 of 2025

04.09.2025

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Issues for consideration

2 issues framed by the court

AI extract

1.
Whether a writ of mandamus should be issued directing the respondents to conduct a resurvey and remove the entire encroachments on both sides of the Kaikatti-Palakurichi Road in Survey Nos.216, 217, 238, 239 and 241 at Valanadu Village, Marungapuri Taluk, Trichy District, in consideration of the petitioner's representation dated 20.08.2025.¶29
The court held
The survey numbers identified as encroachments in the present writ petition had already been identified by the authorities pursuant to the earlier order, and orders for their removal had been issued on 09.09.2025; accordingly, the relief sought in this petition was already in the course of implementation.ratio¶44
2.
Whether the present writ petition is bona fide or is intended merely to delay the ongoing removal of encroachments pursuant to the earlier order dated 25.07.2024 in W.P(MD)No.17052 of 2024.¶48
The court held
There was absolutely no bona fide purpose in the filing of the present writ petition; the Court agreed with the learned Additional Government Pleader that the intention of the writ petitioner was only to delay the process of removal of encroachments.ratio¶48

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226¶24

Procedural history

How this case reached the court

AI extract

Prior proceeding
W.P(MD)No.17052 of 2024 was filed by one Mr.Siva Alagar, stated to be a resident of the same area, with a near identical prayer seeking removal of encroachments by private respondents in S.F.Nos.193 and 293 at Valanadu Village, Marungapuri Taluk, Trichy District.¶35
Prior proceeding
While disposing of that writ petition, the Bench on 25.07.2024 directed the official respondents to survey the entire road stretch, identify all encroachments including those by third parties, hear the persons concerned, and remove the encroachments in accordance with law within two months.¶42
Prior proceeding
The Additional Government Pleader submitted that the survey process has been completed, various encroachments have been identified, including Survey No.193, which is stated to be encroached upon by the present writ petitioner himself.¶41
Prior proceeding
In written instructions, R4 (Assistant Divisional Engineer) confirmed that the survey numbers flagged as encroachments in the present writ petition were also identified by the authorities, and orders for their removal were issued on 09.09.2025.¶44

Parties & counsel

AI extract

petitioner
Balakrishnan¶41
Mr.M.Pitchai Muthu
respondent
The District Collector, Trichy District, Trichy¶11
Mr.J.Ashok
respondent
The Tahsildar/Monitoring Committee, Marungapuri Taluk, M.Kallupatti, Trichy District¶12
Mr.J.Ashok
respondent
The Superintending Engineer, Construction and Maintenance of Highways, Trichy District, Trichy¶14
Mr.J.Ashok
respondent
The Assistant Divisional Engineer, (Construction and Maintenance), Highways, Manapparai Sub-Division, Trichy District¶16
Mr.J.Ashok
respondent
The Assistant Engineer, (Construction and Maintenance), Highways, Marungapuri Circle, Marungapuri, Trichy District¶21
Mr.J.Ashok

Coram

AI extract

Dr. Justice Anita Sumanthauthor¶27
Mr. Justice C. Kumarappanmember¶6

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 4 Sept 2025 · September
Registered: 2 Sept 2025
Case no.: WP(MD)/24123/2025
CNR: HCMD011136802025
Topic: Writ and Judicial Review
Bench: Anita Sumanth C.kumarappan
Disposal: DISMISSED
Case type: W.P.(MD)

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Cite this judgement

Balakrishnan v. The District Collector, WP(MD)/24123/2025 (MAD), decided on 4 September 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 history4

W.P(MD)No.17052 of 2024 was filed by one Mr.Siva Alagar, stated to be a resident of the same area, with a near identical prayer seeking removal of encroachments by private respondents in S.F.Nos.193 and 293 at Valanadu Village, Marungapuri Taluk, Trichy District.
While disposing of that writ petition, the Bench on 25.07.2024 directed the official respondents to survey the entire road stretch, identify all encroachments including those by third parties, hear the persons concerned, and remove the encroachments in accordance with law within two months.

View full history

Bench / Coram

Dr. Justice Anita Sumanth and Mr. Justice C. Kumarappan

Parties & counsel