Dismissed¶41

G.Nirmala v. The District Collector

Madras HC18 Feb 2026WP/18598/2022

Case brief

AI extract

What is this about?

Madras High Court, WP No. 18598 of 2022, decided 18-02-2026 (S.M. Subramaniam & C.Kumarappan JJ.). Keywords: gramanatham land; natham land encroachment; Survey Nos.302/10 and 302/11; Thimmasamuthiram Village; Kancheepuram Taluk; common pathway obstruction; inter se dispute; disputed question of fact not entertained by writ court; removal of encroachment by District Collector/RDO/Tahsildar/Police declined; liberty to approach Civil Court; writ petition dismissed without costs. Relevant to practitioners arguing that encroachment disputes turning on contested facts lie outside the writ court's scope.

What did the court decide?

No relief; parties left at liberty to approach the Civil Court. Petition dismissed without costs. ¶41

G.Nirmala Vs The District Collector — Madras HC (2026) — LawSathi Research

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WP No. 18598 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18-02-2026

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CORAM

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THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

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AND

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THE HON'BLE MR.JUSTICE C.KUMARAPPAN

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WP No. 18598 of 2022

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G.Nirmala

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W/o.Gurusamy, No.59, Mariamman Koil Street, Thimmasamuthiram Village, Kancheepuram taluk and District.

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..Petitioner(s)

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The District Collector Kancheepuram District, Kancheepuram.

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The Revenue Divisional Officer Kancheepuram, Kancheepuram District.

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The Tahsildar

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Kancheepuram Taluk, Kancheepuram District.

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The Inspector of Police Baluchetty Chathiram Police Station, Kancheepuram District.

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Devendhiran S/o.Kannappan, Thimmasamuthiram Village, Kancheepuram Taluk and District.

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Mahendiran S/o.Kannappan, Thimmasamuthiram Village, Kancheepuram Taluk and District.

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Narendhiran

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S/o.Kannappan, Thimmasamuthiram Village, Kancheepuram Taluk and District.

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..Respondent(s)

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To direct the respondents 1 to 4 to remove the encroachment committed by the 5 to 7th respondents in village Natham Land Survey Nos.

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Page1 of 4

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

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WP No. 18598 of 2022

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302 / 10 and 302 / 11 in No. 59, Thimmasamuthiram Village, Kancheepuram Taluk and District, and restore the common pathway forthwith and pass.

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WP No. 18598 of 2022

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For Petitioner(s): Mr. R.Abdul Mubeen, For Respondent(s): Mr.T.Arun Kumar, AGP for R1 to R4. Mr.M.Vignesh For R5 to R7.

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Order

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(Order of the Court was made by C.Kumarappan J.)

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The present writ petition has been filed to direct respondents 1 to 4 to remove the encroachments made by the respondents 5 to 7 in Village natham land Survey Nos.302/10 and 302/11 in No.59, Thimmasamuthiram Village, Kancheepuram Taluk and District.

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Learned counsel for the petitioner would submit that the respondents

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had encroached upon the gramanatham land and thereby, obstructed the passage. At this juncture, the learned Additional Government Pleader, would state that there is no encroachments in the Government land and it is an inter se dispute between the petitioner and the respondents 5 to 7. Therefore, the question of removing the encroachments does not arise.

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In view of such submission, it is apparent that there is a disputed fact

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in respect of the nature of encroachment in natham land. Therefore, when such disputed fact exists, the question of entertaining such disputed fact by

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Page2 of 4

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

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WP No. 18598 of 2022

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the writ Court does not arise. Thus, we do not find any reason to entertain the

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writ petition. However, the parties are at liberty to approach the Civil Court to redress their remedy in the manner known to law. Accordingly, the Writ Petition stands dismissed. No costs.

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(S.M.S.,J.) (C.K.,J.) 18-02-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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VSI

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