Thasildar Nagar Kalloori Veedhi Kudiirupor Nalachangam Vs The District Collector / Monitoring Committee

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents in particular 2 & 3 herein to remove the encroachment made by the private respondents in the southern side and western side of their house situate in college street Door No.352/4, Manalpettai, Frontage South facing and western side facing subject road college street in Re-Survey number 68/1A1 within the time stipulated fixed by this Court.

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For Petitioner	: Mr.S.Suresh Kumar Isaac Paul
For R1	: Mr.A.Kannan
	Additional Government Pleader
For R2 & R3	: Mr.K.Sivabalan
	Standing Counsel
For R4 & R5	: Mr.M.Seenisulthan

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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

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direction to the respondents 2 & 3 herein to remove the encroachment made by the private respondents.

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2.We have heard the submissions made on either side and

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perused the materials available on record.

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3. It is the specific case of the petitioner that the respondents 4 & 5

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are husband and wife. The subject of the writ petition is encroached by the respondents 4 & 5. The said street is a public street running East West measuring 20 feet wide. The said street was formed before 50 years and at the time of the formation of the street the residents on the both sides of the street gifted 10 feet of the land for street to the Melamadai Panchayat and thus 20 feet side college street was formed. In this regard, the petitioner submitted a petition before the Chief Minister Cell dated 04.11.2024. Since the same has not been considered so far, the petitioner has filed the present Writ Petition.

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4.The learned Additional Government Pleader appearing for first respondent, on instructions, submitted 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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5. In such view of the matter, the Tahsildar, Madurai North is

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directed to conduct a survey in the place in question, after issuing notice to the petitioner, the respondents 4 & 5, 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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6.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.] 17.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes am

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