Dismissed¶32

C.Chinnasamy v. The District Collector

Madras HC11 Nov 2025WP(MD)/32105/2025

Case brief

AI extract

What is this about?

W.P.(MD)No.32105 of 2025, Madurai Bench of Madras High Court, decided 11.11.2025 by Dr. Justice Anita Sumanth (author) and Mr. Justice C.Kumarappan. Mandamus under Article 226 to Tahsildar, Peraiyur Taluk to consider representation dated 13.09.2025 for removal of encroachments by respondents 4-6 around S.No.36/11, Tullukutynayakanur Village. Dismissed as not maintainable because relief overlapped with pending suit OS No.94 of 2025 before District Munsif cum Judicial Magistrate, Peraiyur, where petitioner is defendant. Keywords: maintainability, overlapping civil suit, encroachment, mandamus, alternative remedy.

What did the court decide?

None; petitioner left at liberty to seek appropriate orders in the pending civil litigation. No costs. ¶32

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

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W.P.(MD)No.32105 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 11.11.2025

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CORAM:

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THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND

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THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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W.P.(MD)No.32105 of 2025

C.Chinnasamy

... Petitioner

/Vs./

The District Collector, Madurai District.

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The Tasildar, Peraiyur Taluk, Madurai District.

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The Superintendent of Police, Madurai District.

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Sankaran

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Pitchamani

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Kuruvan ... Respondents

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PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd Respondent to consider Petitioner's representation dated 13.9.2025 addressed to 1st

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1/4

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

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W.P.(MD)No.32105 of 2025

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respondent forwarded by him to the second respondent and to remove the encroachments made by the 4^th 5^th and 6^th respondents around the survey No. 36/11 Tullukutynayakanur village, Periayur Taluk, Madurai District.

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For Petitioner : Mr.P.Bhaskar For Respondents : Mr.D.Sadiq Raja (R1 & R2) Additional Government Pleader : Mr.M.Karunanithi (R3) Government Advocate

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ORDER

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

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The petitioner seeks a mandamus directing the second

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respondent ie., the Tahsildar, Peraiyur Taluk to consider his representation dated 13.09.2025 to remove encroachments made by the 4^th , 5^th and 6^th respondents around the S.No.36/11, Tullukutynayakanur Village, Periayur Taluk, Madurai District ('property' / 'property in question').

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There has been a frank disclosure of the suit in OS No.94 of 2025 filed by R4, R5 and R6, wherein the present petitioner is also

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2/4

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

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W.P.(MD)No.32105 of 2025

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arrayed as defendant and pending before the District Munsif cum Judicial Magistrate, Peraiyur. Hence, the question of intervention in this writ petition does not arise. The question of consideration of the petitioner's representation also does not arise, as the relief sought therein would overlap with the suit relief.

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In light of the above, this writ petition is dismissed as not maintainable. It is needless to state that the petitioner is at liberty to seek appropriate orders, as she may desire in the pending civil litigation. No costs.

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[A.S.M.J.,] & [C.K.J.,] 11.11.2025

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NCC :Yes/No Index :Yes/No sm

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TO:-

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