Dismissed¶38

A.S.Guru Ambeth, v. the District Collector

Madras HC11 Aug 2025WP(MD)/5931/2019

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench; W.P.(MD).No.5931 of 2019, decided 11.08.2025; mandamus under Article 226 for removal of encroachments on 30 feet road and park in Survey No.41/1, Vadivel Nagar, Karadipatti Village, Madurai West Taluk; land held to be private patta land (Vadivel Gounder and four other persons) per 'A' Register and revenue extract; parallel civil suit O.S.No.282 of 2018 for similar relief dismissed 07.07.2025; writ relief held not entertainable; petition dismissed, no costs; connected W.M.P.(MD).Nos.4756 of 2019, 1583 of 2020 and 3609 of 2021 closed.

What did the court decide?

The land in Survey No.41/1 is a private patta land standing in the name of Vadivel Gounder and four other persons, as seen from the 'A' Register and revenue extract produced by the Government Pleader. ¶33

A.S.Guru Ambeth, Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether a writ of Mandamus should issue directing respondents 1 to 5 to initiate appropriate legal proceedings against the encroachers, including respondents 6 and 7, and to remove the encroachments made in the 30 feet road and Park situated in Survey Number:41/1, Vadivel Nagar, Karadipatti Village, Madurai West Taluk, and retain them as per the approved plan dated 18.03.1983. +1 more

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Ratio / Principle

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Key takeaways

A civil suit (O.S.No.282 of 2018) for similar relief against the sixth respondent was, after trial, dismissed by the Trial Court by judgment and decree dated 07.07.2025.ratio¶33
In view of the fact that the land in Survey No.41/1 is a private patta land and the civil suit initiated for similar relief had already been dismissed, the relief sought for in the Writ Petition cannot be entertained.ratio¶34

Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution of India seeking a mandamus to official respondents 1 to 5 (District Collector, Tahsildar, Block Development Officer, Karadipatti Village Panchayat and Deputy Director of Town and Country Planning) to initiate legal proceedings against encroachers, including respondents 6 and 7, and to remove encroachments from the 30 feet road and Park in Survey No.41/1, Vadivel Nagar, Karadipatti Village, Madurai West Taluk, retaining them as per the approved plan dated 18.03.1983. The Court recorded, from the 'A' Register and revenue extract submitted by the Government Pleader, that the land is private patta land standing in the name of Vadivel Gounder and four other persons, and that a civil suit (O.S.No.282 of 2018) for similar relief against the sixth respondent had been dismissed by the Trial Court by judgment and decree dated 07.07.2025. Holding that the writ relief could not be entertained on these grounds, the Court (order by G. Arul Murugan, J., sitting with S.M. Subramaniam, J.) dismissed the writ petition without costs and closed the connected miscellaneous petitions.

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W.P.(MD).No.5931 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 11.08.2025

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CORAM

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

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W.P.(MD).No.5931 of 2019

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and

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W.M.P.(MD).Nos.4756 of 2019, 1583 of 2020 & 3609 of 2021

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A.S.Guru Ambeth ... Petitioner

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Vs.

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1.The District Collector, Collector Office, Madurai – 625 020.

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2.The Tahsildar, West Taluk Office, Madurai West, Virattipathu,

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Madurai District.

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3.The Block Development Officer, Thiruparankunram Panchyath Union, Thirunagar Office,

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Madurai – 625 006.

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4.Karadipatti Village Panchayat, Represented by its Special Officer Cum the Block Development Officer, Karadipatti, Madurai District, Madurai – 625 019.

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Page 1 of 6

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

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W.P.(MD).No.5931 of 2019

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5.The Deputy Director,

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Town and Country Planning Office, No.4 Hakim Amakhan Road, China Chokkikulam, Madurai – 625 002.

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6.Punitha

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7.Chinnapandi ... 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 respondents No.1 to 5 initiate appropriate legal proceedings against the encroachers including the respondents No.6 and 7 and to remove the encroachments made in the 30 feet road and Park which are situated in Survey Number:41/1, Vadivel Nagar, Karadipatti Village, Madurai West Taluk, Madurai District and retain the above said 30 feet road and park as per the approved plan by the 5^th respondent Office on 18.03.1983 vide office proceedings in Ma.Va.Ma.(Ma.Ma.) No:41/83 within a stipulated time that may be fixed by this Court.

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For Petitioner	: Mr.R.Karunanidhi
For R-1 to R-5	: Mr.P.Thilak Kumar
	Government Pleader
For R-6	: M/s.P.Krishnaveni
For R-7	: No appearance

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ORDER

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(Order of the Court was made by G.ARUL MURUGAN, J.)

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The Writ Petition is filed seeking for a Mandamus to direct the respondents 1 to 5 to initiate appropriate legal proceedings against the

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Page 2 of 6

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

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W.P.(MD).No.5931 of 2019

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respondents 6 and 7, contending that there has been encroachment in Survey No.41/1 of Vadivel Nagar, Karadipatti Village, Madurai West Taluk, Madurai District.

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It is brought to the notice of this Court that the land, in respect of which the relief is sought for in the Writ Petition pertaining to Survey No.41/1, is a private patta land. The learned Government Pleader appearing for the respondents 1 to 5 has submitted the copies of the 'A' Register and the revenue extract, from which, it could be seen that the land in Survey No.41/1 is a private patta land standing in the name of Vadivel Gounder and four other persons. Further, it is also brought to the notice of this Court that a civil suit had been filed for a similar relief against the sixth respondent in O.S.No.282 of 2018, wherein, after trial, the Trial Court, by a judgment and decree dated 07.07.2025, has dismissed the suit.

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In view of the fact that the land in Survey No.41/1 is a private patta land and further, the civil suit initiated for a similar relief had already been dismissed, the relief sought for in the Writ Petition cannot be entertained.

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Page 3 of 6

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

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W.P.(MD).No.5931 of 2019

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