Petition sought mandamus to remove alleged encroachment by the fifth respondent over a joint-patta common well. Without going into merits, the Court dismissed the petition, directing the petitioner to approach the civil court to establish rights over the jointly held property.
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W.P.(MD) No.36327 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.12.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
W.P.(MD) No.36327 of 2025
D.Mary Antony
... Petitioner
-vs-
_____________ Page 1 of 4_
W.P.(MD) No.36327 of 2025
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 3 and 4 to remove the encroachment made by the fifth respondent in respect of the property comprised in survey No.189/2 to an extent of 0.01.17 ares in Jointpatta No. 924 a common well for the beneficial enjoyment of the Jointpattadhars within the time frame that may be stipulated by this Court.
For Petitioner : Mr.R.Murugan For Respondents : Mr.S.P.Maharajan Special Government Pleader for R1 to R4
O R D E R
[Order of the Court was made by DR.G.JAYACHANDRAN, J.]
This writ petition is filed alleging that the fifth respondent herein, namely, Murugesan has encroached upon the property comprised in Survey No.189/2, to an extent of 0.01.17 Ares, in joint Patta No.924, which is a common Well for the beneficial enjoyment of the joint pattadhars.
Page 2 of 4
W.P.(MD) No.36327 of 2025
2. Without adverting to the merits of the petitioner's representation, this writ petition is dismissed directing the petitioner to resort to the Civil Court to establish his right over the subject property, which is admittedly held by him and the fifth respondent jointly. No costs.
[G.J., J.] [K.K.R.K., J.] 18.12.2025
NCC : Yes / No Index : Yes / No Internet : Yes / No
krk
To: 1.The District Collector, Collectrate Campus, Tirunelveli District.
2.The Revenue Divisional Officer, O/o.RDO, Tirunelveli District.
3.The Thasildar, Taluk Office, Thisayanvilai Taluk, Tirunelveli District.
4.The Surveyor, Taluk Office, Thisayanvilai Taluk, Tirunelveli District.
Page 3 of 4
W.P.(MD) No.36327 of 2025
DR.G.JAYACHANDRAN, J. AND K.K.RAMAKRISHNAN, J.
krk
W.P.(MD) No.36327 of 2025
18.12.2025
_____________ Page 4 of 4_
1 issue framed by the court
Whether the revenue authorities should be directed to remove the fifth respondent's encroachment on a jointly patta'd common well.
1 provisions across 1 enactments
D.Mary Antony
The District Collector Collectrate Campus Tirunelveli District
The Revenue Divisional Officer O/o.RDO Tirunelveli District
The Thasildar Taluk Office Thisayanvilai Taluk Tirunelveli District
The Surveyor Taluk Office Thisayanvilai Taluk Tirunelveli District
Murugesan
G.Jayachandran
K.K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
