Chelladurai Vs the District Collector — Writ and Judicial Review | Madras HC (2026)

Chelladurai Vs the District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to official respondents 1 and 2 to initiate enforcement action for removal of encroachment per the relevant statutes and rules, affording opportunities to all parties, to be completed within 12 weeks of receipt of the order; no costs; connected miscellaneous petitions, if any, closed.

Issue for consideration

Whether a writ of mandamus lies directing respondents 1 and 2 (District Collector, Ariyalur District and Commissioner, Jayankondam Municipality) to take further action pursuant to the 1st respondent's proceedings in Na.Ka.No.5762/2021/AF1 dated 30.3.2023. +1 more

Court's answer

The official respondents are directed to initiate enforcement action for removal of the encroachment by following the procedure contemplated under the relevant statutes and rules in force.

Ratio / Principle

The enforcement action is to be taken by affording opportunities to all the parties.

Key takeaways

The said exercise is to be completed within a period of 12 weeks from the date of receipt of a copy of the order.ratio¶28

Detailed headnote1 paragraphs

Madras High Court (S.M. Subramaniam and K. Surender, JJ.; order pronounced by Subramaniam, J.) disposed of a writ petition under Article 226 seeking mandamus to the District Collector, Ariyalur District and the Commissioner, Jayankondam Municipality to act on the Collector's proceedings in Na.Ka.No.5762/2021/AF1 dated 30.3.2023 and remove the encroachment by respondents 3 and 4 in survey no. 357/15. On the recorded submission of the Additional Government Pleader, per the Commissioner's instructions Na.Ka.No.5762/2021/F1 dated 30.06.2025, that inspection had revealed encroachments, the Court directed the official respondents to initiate enforcement action for removal of encroachment following the procedure under the relevant statutes and rules, affording opportunities to all parties, completing the exercise within 12 weeks of receipt of the order copy. No costs; connected miscellaneous petitions closed. No precedent engaged; no costs awarded.

2026:MHC:1720

WP No. 30685 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-04-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE K. SURENDER

WP No. 30685 of 2024

Chelladurai

..Petitioner(s)

Vs

The District Collector District Collectorate, Ariyalur District

The Commissioner Jayankondam Municipality, Jayankondam, Ariyalur District

Sekar

Valarmathi

..Respondent(s)

Writ Petition filed under Article 226 of the Constitution of India issuing writ of mandamus directing the respondents 1 and 2 to take further action pursuant to proceedings of the 1^st respondent in Na.Ka.No.5762/2021/AF1 dated 30.3.2023 and immediately remove the encroachment made by the 3^rd and 4^th respondent in survey number 357/15 in accordance with law within a time frame.

For Petitioner(s): Mr.R.Shivakumar for M/s.K.M.Vijayan Associates For Respondent(s): Mr.T.Arun Kumar Additional Government Pleader for R1 & R2 , Mr.K.Gandhi Kumar for R3 , Mr.A.Gouthaman for R4

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WP No. 30685 of 2024

ORDER

(Order of the Court was made by S.M.Subramaniam J.)

Writ of mandamus has been instituted to direct the respondents to

remove the encroachment made by the respondents 3 and 4.

Learned Additional Government Pleader appearing for the respondents 1 and 2, based on the written instructions given by the Commissioner, Jayakondan made in Na.Ka.No.5762/2021/F1, dated 30.06.2025 would submit that during the course of inspection, authorities identified encroachments.

That being the factum, official respondents are directed to initiate enforcement action for removal of encroachment by following the procedure as contemplated under the relevant statues and rules in force and by affording opportunities to all the parties. The said exercise is directed to be completed within a period of 12 weeks from the date of receipt of a copy of this order.

With the above direction, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.

(S.M.S.,J.) (K.S.,J.) 28-04-2026

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

GD

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WP No. 30685 of 2024

To

The District Collector District Collectorate, Ariyalur District

The Commissioner Jayankondam Municipality, Jayankondam, Ariyalur District

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

WP No. 30685 of 2024

S.M.SUBRAMANIAM, J. AND K.SURENDER, J.

GD

WP No. 30685 of 2024

28-04-2026

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