Disposed¶40

S.Gulam Muhamed v. The District Collector/Monitoring Committee

Madras HC21 Apr 2026WP(MD)/11597/2026

Case brief

AI extract

What is this about?

Mandamus; encroachment on government land; burial ground (Mayanam); New S.No. 638/4; Old S.No.216 (Part); S.No. 230; 65 cents; Karaikudi Taluk; Sivagangai District; Tahsildar; Revenue Divisional Officer Devakottai; District Collector/Monitoring Committee; survey direction; two weeks; three months; personal hearing; due process of law; representation dated 09.03.2026 and 06.04.2026; disposed at admission stage by consent; Madurai Bench of Madras High Court; W.P(MD)No.11597 of 2026.

What did the court decide?

Writ petition disposed of with the above directions (survey within two weeks; removal of any encroachment found after personal hearing and due process within three months thereafter); no costs. ¶40

S.Gulam Muhamed Vs The District Collector/Monitoring… — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with the above directions (survey within two weeks; removal of any encroachment found after personal hearing and due process within three months thereafter); no costs.

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Issue for consideration

Whether a writ of mandamus should issue directing Respondents 1 to 3 to remove the alleged unlawful encroachment by Respondent 4 on Government land in New S.No. 638/4 (Old S.No.216 Part and S.No. 230), measuring about 65 cents and used as a burial ground (Mayanam), by considering the petitioner's representations dated 09.03.2026 and 06.04.2026.

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Court's answer

The authorities concerned are directed to conduct a survey of the land in question after issuing notice to the petitioner, respondent 4 and all other parties concerned, if any, within a period of two weeks from the date of receipt of a copy of the order.

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Ratio / Principle

If the survey reveals any encroachment, the authorities concerned shall take necessary action for removal of such encroachment, after affording sufficient opportunity of personal hearing to all parties concerned and by following due process of law, within a period of three months thereafter.

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Detailed headnote1 paragraphs

Writ of Mandamus under Article 226 — Government land in New S.No. 638/4 (Old S.No.216 Part and S.No. 230), about 65 cents, used as burial ground (Mayanam) — alleged encroachment by 4th respondent — petitioner's representations dated 09.03.2026 and 06.04.2026 not considered — learned Additional Government Pleader stated representations would be considered and survey conducted in presence of all parties — Held: authorities directed to conduct survey after notice to petitioner, respondent 4 and all parties concerned within two weeks of receipt of copy of order; if survey reveals encroachment, necessary action for removal to be taken after affording sufficient opportunity of personal hearing to all parties and following due process of law within three months thereafter — Writ petition disposed of, no costs.

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W.P(MD)No.11597 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 21.04.2026

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CORAM:

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

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W.P(MD)No.11597 of 2026

S.Gulam Muhamed

... Petitioner

vs.

1.The District Collector/Monitoring Committee, Sivagangai District, Sivagangai.

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2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

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3.The Tahsildar, Karaikudi Taluk, Sivagangai District.

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Shiek Abdullah

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... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the Respondents 1 to 3 to remove the unlawful encroachment put up by the 4th respondent in the

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

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W.P(MD)No.11597 of 2026

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government land situated in New S.No. 638/4 (Old S.No.216 (Part) and S.No. 230 totally measuring about 65 cents used as burial ground (Mayanam) by considering the Petitioners representation dated 09.03.2026 and 06.04.2026.

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For Petitioner : Mr.K.Chengizkhan

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For R1 to R3 : Mr.A.Kannan Additional Government Pleader

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ORDER

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(Order of the Court was made by N.SATHISH KUMAR, J.)

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The petitioner has filed the present Writ Petition seeking a direction to the respondents 1 to 3 to remove the unlawful encroachment put

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up by the 4th respondent in the government land situated in New S.No. 638/4 (Old S.No.216 (Part) and S.No. 230 totally measuring about 65 cents used as burial ground (Mayanam) by considering the Petitioner's representation dated 09.03.2026 and 06.04.2026.

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

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W.P(MD)No.11597 of 2026

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2.By consent of both parties, this Writ Petition is taken up for

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final disposal at the admission stage itself.

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3.Mr.A.Kannan, learned Additional Government Pleader accepts notice for the respondents 1 to 3. Considering the limited relief sought for by the petitioner, notice to the fourth respondents is dispensed with.

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4.It is the contention of the petitioner that the fourth respondent encroached upon the Government land. In this regard, the petitioner submitted a representations dated 09.03.2026 and 06.04.2026 before the authority concerned. Since the same has not been considered so far, the petitioner has filed the present Writ Petition.

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5.The learned Additional Government Pleader appearing for respondents 1 to 3, on instructions, submitted that the petitioner’s representations dated 09.03.2026 and 06.04.2026 would be considered and that the authorities concerned would conduct a survey of the land in question in the presence of all the parties concerned. He further submitted that appropriate action would be taken to remove the encroachment, if any.

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

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W.P(MD)No.11597 of 2026

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6.In such view of the matter, the authorities concerned are

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directed to conduct a survey in the place in question, after issuing notice to

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the petitioner, the respondent 4, and all other parties concerned, if any, within a period of two weeks from the date of receipt of a copy of this order. If the survey reveals any encroachment, the authorities concerned shall take necessary action for the removal of such encroachment, after affording sufficient opportunity of personal hearing to all the parties concerned and by following due process of law, within a period of three months thereafter.

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7.With the above directions, this Writ Petition is disposed of. No

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costs.

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[N.S.K.,J.] [M.J.R.,J.] 21.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes am

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W.P(MD)No.11597 of 2026