Dismissed¶37

I.Karuppiah v. The District Collector

Madras HC21 Jan 2026WP(MD)/1374/2026

Case brief

AI extract

What is this about?

Encroachment removal; writ of mandamus; Article 226 Constitution of India; Government natham poramboke land; survey No.111/3; 202 sq.mtr.; Patcheri Village; Thiruchuli Taluk; Virudhunagar District; representation dated 10.07.2025; patta cancellation proceedings order dated 26.12.2003; regularization of encroachment; pucca construction; want of bona fide; personal grievance; petitioner unsuccessful in prior civil suits; dismissal without costs; Madurai Bench of Madras High Court; W.P.(MD) No.1374 of 2026; 21.01.2026.

What did the court decide?

None to the petitioner; writ petition dismissed without costs, with the clarification that the dismissal will not bar the Government authorities from removing the encroachment if, in their opinion, it cannot be regularized. ¶37

I.Karuppiah Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing respondents 1 to 4 to remove the encroachment made by respondents 5 to 7 over the Government property comprised in survey No.111/3, extent 202 sq.mtr., Patcheri Village, Thiruchuli Taluk, Virudhunagar District.

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Court's answer

The writ petition is liable to be dismissed for want of bona fide, the Court having been informed that the petitioner has a personal grievance against respondents 5 to 7 and had not succeeded in the earlier civil suits filed in respect of the subject land.

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Ratio / Principle

Dismissal of the writ petition shall not stand in the way of the Government authorities if they are of the opinion that the encroachment alleged to have been made by respondents 5 to 7 is to be removed and cannot be regularized.

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Detailed headnote1 paragraphs

Writ of mandamus under Article 226 (W.P.(MD) No.1374 of 2026, Madurai Bench, decided 21.01.2026) filed by I.Karuppiah seeking removal of the encroachment by respondents 5 to 7 (Kathammal, Karuppasamy, Mariappan) over Government property in survey No.111/3, extent 202 sq.mtr., Patcheri Village, Thiruchuli Taluk, Virudhunagar District, relying on his representation dated 10.07.2025 and a patta cancellation proceedings order dated 26.12.2003 issued by the 3rd respondent. The Special Government Pleader, on instructions, reported that only 8 square metres of Government land (described as natham poramboke) was occupied, that the encroachers had put up years-old pucca construction, that regularization could be considered if sought, and that the petitioner had a personal grievance, having failed in prior civil suits over the same land. The Bench (DR.G.JAYACHANDRAN and K.K.RAMAKRISHNAN, JJ.) held the petition wanting in bona fides and dismissed it without costs, while making clear that the dismissal shall not stand in the way of the Government authorities removing the encroachment if, in their opinion, it cannot be regularized.

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W.P.(MD) No.1374 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 21.01.2026

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CORAM:

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

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W.P.(MD) No.1374 of 2026

I.Karuppiah

... Petitioner

-vs-

1.The District Collector Collectrate Campus Viruthunagar District Viruthunagar

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2.The Revenue Divisional Officer

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O/o.The Revenue Divisional Officer Viruthunagar District

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3.The Thasildar Thiruchuli Taluk Office Viruthunagar District

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4.The Special Officer /

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Block Development Officer Office of the Thiruchuli Panchyat Union

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@ M.Reddiyapatti Thiruchuli Taluk Virudhunagar District

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5.Kathammal

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Page 1 of 5

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

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W.P.(MD) No.1374 of 2026

6.Karuppasamy

7.Mariappan

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the 1^st to 4^th respondents to remove the encroachment made by the 5^th to 7^th respondents over Government property comprised in survey No.111/3 an extent of 202 sq.mtr., situated at Patcheri Village, Thiruchuli Taluk, Virudhunagar District, based on the representation of the petitioner dated 10.07.2025 and Patta cancellation proceedings order dated 26.12.2003 issued by 3^rd respondent within the time that may be stipulated by this Court.

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For Petitioner : Mr.R.Murugan For Respondents : Mr.S.P.Maharajan Special Government Pleader for R1 to R3

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O R D E R [Order of the Court was made by DR.G.JAYACHANDRAN, J.]

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The petitioner herein being aggrieved by the encroachment made

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by the respondents 5 to 7 has filed this writ petition seeking a writ of mandamus directing the respondents 1 to 4 to remove the encroachment

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Page 2 of 5

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

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W.P.(MD) No.1374 of 2026

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alleged to have been made by the respondents 5 to 7 over the Government property.

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2. Mr.S.P.Maharajan, learned Special Government Pleader, who takes notice for the respondents 1 to 3, on instructions, submits that pursuant to the representation given by the petitioner, the subject land was measured and it was found that only 8 Square Meter of the Government land has been occupied by the respondents 5 to 7 and they have put up a pucca construction on the land allotted to them and the superstructure is in existence for several years. The Tahsildar has also instructed the authorities concerned that if the encroachers seek for regularization of the encroachment made by them, the same may be considered, since the encroachment made by them is very minimal and the subject land is the Government natham poramboke land. It is also brought to the notice of this Court that the petitioner herein has a personal grievance against the respondents 5 to 7 and suits were filed in respect of the subject land and the petitioner herein had not succeeded in the said suits. In the said circumstances, we are of the view that this writ petition is liable to be dismissed for want of bona fide .

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_____________ Page 3 of 5_

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

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W.P.(MD) No.1374 of 2026

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3. Accordingly, this writ petition is dismissed. However, it is made

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clear that dismissal of this writ petition shall not stand in the way of the Government authorities, if they are in the opinion that the encroachment

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alleged to have been made by the respondents 5 to 7 is to be removed and cannot be regularized. No costs.