BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2026 CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.(MD) No.1374 of 2026 I.Karuppiah ... Petitioner -vs-

1.The District Collector Collectrate Campus Viruthunagar District Viruthunagar

2.The Revenue Divisional Officer O/o.The Revenue Divisional Officer Viruthunagar District

3.The Thasildar Thiruchuli Taluk Office Viruthunagar District 4.The Special Officer /

Block Development Officer Office of the Thiruchuli Panchyat Union @ M.Reddiyapatti Thiruchuli Taluk Virudhunagar District

5.Kathammal

6.Karuppasamy

7.Mariappan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the 1^st to 4^th respondents to remove the encroachment made by the 5^th to 7^th respondents over Government property comprised in survey No.111/3 an extent of 202 sq.mtr., situated at Patcheri Village, Thiruchuli Taluk, Virudhunagar District, based on the representation of the petitioner dated 10.07.2025 and Patta cancellation proceedings order dated 26.12.2003 issued by 3^rd respondent within the time that may be stipulated by this Court.

For Petitioner : Mr.R.Murugan For Respondents : Mr.S.P.Maharajan Special Government Pleader for R1 to R3

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.]

The petitioner herein being aggrieved by the encroachment made by the respondents 5 to 7 has filed this writ petition seeking a writ of mandamus directing the respondents 1 to 4 to remove the encroachment alleged to have been made by the respondents 5 to 7 over the Government property.

2. Mr.S.P.Maharajan, learned Special Government Pleader, who takes notice for the respondents 1 to 3, on instructions, submits that pursuant to the representation given by the petitioner, the subject land was measured and it was found that only 8 Square Meter of the Government land has been occupied by the respondents 5 to 7 and they have put up a pucca construction on the land allotted to them and the superstructure is in existence for several years. The Tahsildar has also instructed the authorities concerned that if the encroachers seek for regularization of the encroachment made by them, the same may be considered, since the encroachment made by them is very minimal and the subject land is the Government natham poramboke land. It is also brought to the notice of this Court that the petitioner herein has a personal grievance against the respondents 5 to 7 and suits were filed in respect of the subject land and the petitioner herein had not succeeded in the said suits. In the said circumstances, we are of the view that this writ petition is liable to be dismissed for want of bona fide.

3. Accordingly, this writ petition is dismissed. However, it is made clear that dismissal of this writ petition shall not stand in the way of the Government authorities, if they are in the opinion that the encroachment alleged to have been made by the respondents 5 to 7 is to be removed and cannot be regularized. No costs.

[G.J., J.] [K.K.R.K., J.]

21.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No krk To:

1.The District Collector, Collectrate Campus, Viruthunagar District, Viruthunagar.

2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Viruthunagar District.

3.The Thasildar, Thiruchuli Taluk Office, Viruthunagar District.

DR.G.JAYACHANDRAN, J.

AND K.K.RAMAKRISHNAN, J.

krk

21.01.2026