A.P.Sundari Vs The District Collector / Monitoring Committee

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 4 to complete the road laying work fully by the contractor of Sree Jayalakshmi Electricals as per the order of the first respondent including the Madurai-Melur Road to Thiruvalluvar Nagar road without any hindrance of the fifth and sixth respondents and direct the respondents 1 to 4 to remove the encroachment made by the fifth and sixth respondents in the public road in Survey No.158/5A, Thiruvalluvar Nagar, Madurai East Taluk, Kodikulam 1^st Bit, Madurai District which is an access to the Bhagavathy Nagar residential people by considering the petitioner's representation dated 05.12.2024, within the stipulated time.

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For Petitioner : Mr.S.Senthil Kumar For Respondents 1 to 3 : Mr.P.Thilak Kumar Government Pleader

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O R D E R ************ [ Order of the Court was made by M.S.RAMESH, J.]

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By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

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

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W.P.(MD)No.248 of 2025

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2. This Writ Petition has been filed for a Writ of Mandamus, directing the respondents 1 to 4 to complete the road laying work fully by the contractor of Sree Jayalakshmi Electricals as per the order of the first respondent including the MaduraiMelur Road to Thiruvalluvar Nagar road without any hindrance of the fifth and sixth respondents and direct the respondents 1 to 4 to remove the encroachment made by the fifth and sixth respondents in the public road in Survey No.158/5A, Thiruvalluvar Nagar, Madurai East Taluk, Kodikulam 1^st Bit, Madurai District which is an access to the Bhagavathy Nagar residential people by considering the petitioner's representation dated 05.12.2024.

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3. In the representation made by the residents of Bhagavathy Nagar dated 01.10.2024, it is admitted that the land in question is a patta land standing in the name of R.Kamalakannan / sixth respondent herein. The prayer in the present Writ Petition is for removal of the encroachment in the said patta land, which prayer is apparently on a misconception of facts. When the petitioner himself has admitted that a patta has been granted over the subject land in favour of the sixth respondent herein, claiming

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

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W.P.(MD)No.248 of 2025

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the same to be an encroachment is untenable. As such the prayer in the writ petition does not deserve consideration.

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4. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.

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[M.S.R.,J.] & [A.D.M.C.,J.]