Rajendran Vs The State Rep. by The District Collector / The Monitoring Committee

Prayer: Writ petition filed under Article 226 of the Constitution of India, issuing a Writ of Mandamus, directing the respondents to remove the encroachment made in Thoothuri Kanmaai situated in survey No.45/2. 35/2, 49, 52 of Sunnambur Village, Keeranoor Panchayat, Melur Taluk, Madurai District based on

¶21

1/5

¶22

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

¶23

the

¶24

2 W.P.(MD)NO.7845 OF 2026

¶25

the third respondent communication in letter

¶26

No.38M/VP/IVA-1/KO105(Portal)/2025 dated 25.01.2025.

¶27

For Petitioner : Mr.R.Balamuruganantham

¶28

For Respondents : Mr.C.Venkatesh Kumar, Special Government Pleader.

O R D E R

Heard both sides.

The petitioner is a resident of Keeranoor Village. He alleges

¶33

that there are encroachments in the petition mentioned Kanmoi. The third respondent had issued the communication dated 25.01.2025

¶34

stating that the encroachments in the Kanmoi would be removed.

¶35

Contending that the said assurance had not been complied

¶36

with, this writ petition has been filed.

¶37

When the matter was taken for hearing, the learned Special

¶38

Government Pleader stated that during the relevant time, agricultural

¶39

2/5

¶40

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

¶41

3 W.P.(MD)NO.7845 OF 2026

¶42

activities were going on and that they have long ago ceased. According to the respondents, there are no encroachments as on

¶43

date.

¶44

Be that as it may, we direct the second respondent to conduct survey and issue Form-I notice. Based on the same, the third respondent will restore the kanmoi to its original position. This exercise may require funds. It is quite possible that the department may not be having the requisite sanctioned funds. If the third respondent is not having the requisite funds to restore the petition mentioned kanmoi to its original condition, it is for the petitioner to mobilize the same from his fellow villagers and provide it to the third respondent to carry out this direction. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscelaneous petition is closed.

¶45

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 26.03.2026

¶46

NCC : Yes / No Index : Yes / No Internet : Yes/ No

¶47

PMU

¶48

3/5

¶49

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

¶50