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

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

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the authorities (respondents 1 to 3) to complete the pending proceedings under the Land Encroachment Act, after affording opportunity of hearing to the encroachers, the petitioner and any other interested parties, within three months from receipt of a copy of the order; no order as to costs.

Issue for consideration

Whether a writ of mandamus should be issued directing respondents 1 to 3 to remove the encroachment said to have been made by respondents 4 and 5 over 0.01.45 hectares in S.No.387/11 at Vilachery Village, Madurai West Taluk (Arulmigu Kooli Kathayi Amman Temple), based on the petitioner's representation dated 28.03.2024. +1 more

Ratio / Principle

Since proceedings under the Land Encroachment Act had already been initiated by the authorities on the petitioner's representation (notice under Section 7 of the Act having been issued to the private respondents), no further direction was required to be issued in the writ petition.

Key takeaways

The authorities were directed to complete the proceedings initiated under the Land Encroachment Act after affording opportunity of hearing to the encroachers, the petitioner and any other parties interested in the subject property.ratio¶29
Completion of the Land Encroachment Act proceedings was directed to be effected within three months from the date of receipt of a copy of the order.ratio¶29

Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution seeking a mandamus to respondents 1 to 3 to remove the alleged encroachment by respondents 4 and 5 over 0.01.45 hectares in S.No.387/11, Vilachery Village, Madurai West Taluk (land of Arulmigu Kooli Kathayi Amman Temple), based on the petitioner's representation dated 28.03.2024: HELD, disposing of the petition, that since proceedings under the Land Encroachment Act had already been initiated and notice under Section 7 of the Act issued to the private respondents, no further direction was required; however, the authorities were directed to complete those proceedings after affording opportunity of hearing to the encroachers, the petitioner and any other interested parties, within three months from the date of receipt of a copy of the order. No costs. (Division Bench of N. Sathish Kumar and M. Jothiraman, JJ.; order made by N. Sathish Kumar, J.)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 07.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

AND

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

W.P.(MD)No.18031 of 2024

N.Muthukumar

... Petitioner

Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Vilachery Revenue Division, Madurai District.

3.The Tahsildar, Tahsildar Office, Madurai West Taluk, Madurai District.

4.Nallakkal

5.Athaponnu @ Chinnammal ...Respondents

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 herein to remove the encroachment made by the respondents 4 and 5 in Arulmigu Kooli Kathayi Amman Temple situated in S.No.387/11 to an

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extent of 0.01.45 hectares at Vilachery Village, Madurai West Taluk, Madurai based on the petitioner's representation dated 28.03.2024.

For Petitioner : Mr.K.Dinesh For Respondents : Mr.S,P.Maharajan (R1 to R3) Special Government Pleader

ORDER

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

The petitioner has filed this writ petition seeking to remove the encroachment made by the private respondents in the property of the Temple, called as Arulmigu Kooli Kathayi Amman Temple.

2.The grievance of the petitioner is that the private respondents have encroached upon the temple lands. In this regard, the petitioner has submitted a representation before the authorities concerned. Since the same has not been considered, the petitioner has filed the instant writ petition.

3.The learned Special Government Pleader appearing for the official respondents, on instructions, submitted that already proceedings

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under the provisions of the Land Encroachment Act has been initiated and notice under Section 7 of the Act has been issued to the private respondents.

4.As the proceedings under the provisions of the Land Encroachment Act has already been initiated by the authorities concerned, by considering the representation submitted by the petitioner, no further direction is required to be issued in this writ petition. However, the authorities shall complete the proceedings initiated under the provisions of the Land Encroachment Act, after affording opportunity of the hearing to the encroachers as well as the petitioner and any other parties, who are interested in the subject property, within a period of three months from the date of receipt of a copy of this order.

5.With the above direction, this writ petition is disposed of. There shall be no order as to costs.

[N.S.K., J.] & [M.J.R., J.] 07.04.2026 Index :Yes/No Internet :Yes ta 3/5

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To

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Vilachery Revenue Division, Madurai District.

3.The Tahsildar, Tahsildar Office, Madurai West Taluk, Madurai District.

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N.SATHISH KUMAR, J. AND M.JOTHIRAMAN, J.

ta

W.P.(MD)No.18031 of 2024

07.04.2026

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