Writ petition seeking removal of an obstruction (wall) allegedly erected by the fifth respondent on a gifted layout road in Thirumohur Village. The court disposed of the petition directing the Tahsildar to conduct a survey with notice to all parties within two weeks and remove any encroachment found, after hearing, within three months.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.04.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P.(MD)No.35005 of 2025
N.Muniyammal
... Petitioner
Vs.
...Respondents
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PRAYER:- Writ Petition filed under Article 226 of the Constitution of
PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to take action for the removal of obstruction made on the panchayat road in S.N. 46/7, Thirumohur Village, Madurai East Taluk, Madurai District considering the petitioner's representation dated 10.09.2025 within the time that may be stipulated by this Court.
For Petitioner : Mr.M.Mahaboob Athiff For Respondents : Mr.J.Ashok (R1 to R4) Additional Government Pleader
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.)
The petitioner has filed this writ petition seeking a direction to
the 3rd respondent to take action for the removal of obstruction made on the panchayat road in S.N.46/7, Thirumohur Village, Madurai East Taluk, Madurai District considering the petitioner's representation dated 10.09.2025 within the time that may be stipulated by this Court.
2 . According to the petitioner, 5th respondent had gifted land to
an extent of 1463.47 sq.mt. in S.N.46/7, Thirumohur Village, Madurai East Taluk, Madurai District to the local body, by a gift deed and the said
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land was specifically allotted for layout road. However, the 5th respondent had erected a wall measuring 9 metres on the area designated for layout road. In this regard, the petitioner has also sent representation dated 10.09.2025 to the respondents to remove the offending wall. However, the same was not considered by the respondents till date. Hence, the petitioner has filed this present writ petition.
3. The learned Additional Government Pleader appearing for respondents 1 to 4, on instructions, submitted that the petitioner's representation dated 10.09.2025 would be considered and 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.
4 . In such view of the matter, the second respondent is directed
to conduct a survey in the place in question, after issuing notice to the petitioner, 5th respondent and all other parties concerned within a period of two weeks from the date of receipt of a copy of this order. If the survey reveals any encroachment, the 2nd respondent shall take necessary action for the removal of such encroachment, after affording sufficient
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opportunity of personal hearing to all the parties concerned and by following due process of law, within a period of three months thereafter.
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.] 16.04.2026
Index :Yes/No Internet :Yes
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N.SATHISH KUMAR, J. AND M.JOTHIRAMAN, J.
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W.P.(MD)No.35005 of 2025
16.04.2026
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1 issue framed by the court
Whether the Tahsildar should be directed to survey the panchayat road land in S.N.46/7 and remove any encroachment on the petitioner's representation.
1 provisions across 1 enactments
N.Muniyammal
The District Collector, Madurai District
The Tahsildar, Madurai East Taluk
The Executive Officer Cum Block Development Officer, Thirumohur Panchayat
The Assistant Director of Town and Country Planning
P.Veena
N.Sathish Kumar
M.Jothiraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
