Dismissed¶29

Masanam v. The District Collector

Madras HC28 Jan 2026WP(MD)/2049/2026

Case brief

AI extract

What is this about?

Mandamus petition dismissed; writ jurisdiction not an alternate forum to examine property title or trespass; petitioner directed to competent Civil Court. Keywords: lock and seal notice, unauthorised construction, planning permission, trespass, natham kudiyiruppu, free house site Plot No.59, Survey No.390/1, Aathi Dravida Street, Balasubramaniyapuram, Ervadi Village, Nanguneri Taluk, Tirunelveli, Tamil Nadu Combined Development and Building Rules 2019, Article 226, representation dated 17.12.2025, civil court remedy, Madurai Bench, W.P.(MD) No.2049 of 2026.

What did the court decide?

If the petitioner has valid title to the land he claims and somebody is trespassing and putting up construction, it is for the petitioner to approach the competent Civil Court to restrain such trespass. ¶28

Masanam Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

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W.P.(MD) No.2049 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 28.01.2026

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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.2049 of 2026

Masanam

... Petitioner

-vs-

1.The District Collector Tirunelveli District Collectorate Tirunelveli District

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2.The Revenue Divisional Officer Cheranmahadevi Revenue Divisional Office Tirunelveli District

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3.The Tahsildar Nanguneri Taluk Office Tirunelveli District

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4.The Panchayat Secretary Ervadi Panchayat Office Ervadi, Nanguneri Taluk Tirunelveli

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5.Durai

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6.Mariappan ... Respondents

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

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W.P.(MD) No.2049 of 2026

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 herein to forthwith issue lock and seal notice to the 5^th and 6^th respondents herein for their unauthorised construction of building comprised in Survey No.390/1 at Aathi Dravida Street, Balasubramaniyapuram, Ervadi Village, natham kudiyiruppu, Nanguneri Taluk, Tirunelveli District, without having any land or obtaining the planning permission in total violation of the Tamil Nadu Combined Development and Building Rules 2019 and consequently direct the official respondents to consider the representation of the petitioner dated 17.12.2025 sent through registered post with acknowledgement due within a time stipulated by this Court.

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For Petitioner : Mr.K.Marimuthu

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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 claims that the free house site bearing Plot No.59, comprised in Survey No.390/1, measuring an extent of 2.5 cents, was allotted to his mother and he has acquired the said land from his mother and is in enjoyment of the said land by putting up a construction in one cent of land and in the remaining 1.5 cent of land, he has put up a cattle shed. Alleging that the respondents 5 & 6 are trying to occupy the land measuring 1.5 cent

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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.2049 of 2026

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and put up a construction thereon without getting proper planning permission or approval from the authorities concerned, the petitioner has filed this writ petition.

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2. On perusal of the records, we find no merit in the relief sought in this writ petition. If the petitioner has a valid title to the extent of the land to which he claims ownership and somebody is trying to trespass into the same and put up a construction, it is for the petitioner to approach the competent Civil Court to restrain such trespass. Writ jurisdiction is not the alternate way to examine the title of the property and the allegation of trespass into the property. Therefore, the petitioner has to approach the competent Civil Court and work out his remedy in accordance with law.

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3. With the above observations, this writ petition is dismissed. No

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costs.

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[G.J., J.] [K.K.R.K., J.] 28.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No

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krk

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_____________ Page 3 of 5_

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