Suriya.C Vs The District Collector

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachments made by the 4^th respondent in S.No.427/2, 7^th ward, Rajnagar South Street, Batlagundu, Dindigul District.

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Page1 of 5

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

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WP(MD) No. 26670 of 2022

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For Petitioner(s): Mr. B.Vijay Karthikeyan For Respondent(s): Mr.M.S.Parthiban, Government Advocate for R-1 to R-3.

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ORDER

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(Order of the Court was made by G.R.Swaminathan J.)

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Heard the learned counsel appearing for the writ petitioner and the

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learned Government Advocate appearing for the respondents 1 to 3.

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Issuance of notice to the fourth respondent is dispensed with.

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The petitioner alleges that in survey No.427/2, 7^th Ward, Rajnagar

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South street, Batlagundu, the private respondent has committed encroachment.

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The facts are not quite clear. The learned Government Advocate

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states that the private respondent has moved the civil Court and has obtained decree.

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We went through the contents of the decree.

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Page2 of 5

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

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WP(MD) No. 26670 of 2022

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The writ petitioner is permitted to submit fresh representation before the third respondent. Upon receipt thereof, the third respondent will issue notice to the fourth respondent and other interested persons, if any. If as per the revenue record survey No.427/2 is classified as “street” or “road”, such an encroachment has to be removed by adopting due process of law. This exercise shall be completed within a period of four months from the date of receipt of a copy of this order. This writ petition stands disposed of accordingly. No costs.

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(G.R.S.,J.) (K.K.R.K.,J.) 29-06-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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PMU

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To :

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