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2026 Supreme(Online)(Mad) 18823

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
M.Subash Chandrabose – Appellant
Versus
1.The District Collector, Thenkasi District, Thenkasi. – Respondent
W.P(MD)No.6132 of 2026



Advocates:
For the Appellants/Petitioners: Ms.A.Dharani
For the Respondents: Mr.D.Sasi Kumar (R1 to R3), Mr.K.Sanjai Gandhi (R5), Mr.S.Deenadhayalan

Court directed consideration of petitioner's representation for encroachment removal after personal hearings for both parties within two months.

Headnote:The petitioner sought a writ of mandamus for the removal of an encroachment made by constructing a temple in Survey No. 18/4B based on his representation dated 30.01.2026. The court determined that the representation must be considered after a personal hearing for both parties. Ultimately, the court directed the authority to make appropriate orders within two months from receipt of this order. There shall be no order as to costs.

Table of Content
1. petition for encroachment removal. (Para 1 , 4)
2. court's direction for final disposal at admission. (Para 2 , 3)
3. arguments regarding bona fide. (Para 5)
4. order directing consideration and hearings. (Para 6)

(Order of the Court was made by N.SATHISH KUMAR, J.)

The petitioner has filed the present Writ Petition seeking a direction to the respondents to remove the encroachment made by constructing a Vinayagar Temple in Survey No.18/4B at Indira Nagar, Vellaikavundanpatti, Ayyapuram Post, Kadaiyanallur Taluk, Thenkasi District, on the basis of the petitioner’s representation dated 30.01.2026.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3.Mr.D.Sasikumar, learned Additional Government Pleader, accepts notice for respondents 1 to 3; Mr.S.Deenadhayalan, learned Standing Counsel, accepts notice for the fourth respondent and Mr.K.Sanjai Gandhi, learned Government Advocate, accepts notice for the fifth respondent. Considering the limited relief sought for by the petitioner, notice to the sixth respondent is dispensed with.

4.According to the petitioner, the sixth respondent has constructed a temple by encroaching upon the street. In this regard, the petitioner submitted a representation dated 30.01.2026 before the authority concerned. Since the same has not been considered so far, the petitioner has filed the present Writ Petition.

5.The learned Additional Government Pleader appearing for respondents 1 to 3, on instructions, submitted that the petitioner has not come to this Court bona fide and that he has already filed a suit in O.S.No.64 of 2023 on the file of the District Munsif Court, Sivagiri, seeking rights over the property in Survey No.18/4A. He further submitted that the petitioner has also converted to another religion.

6.Though the filing of the said suit is not disputed, the same indicates that the petitioner may have personal reasons for filing the present Writ Petition in the nature of a Public Interest Litigation. Be that as it may, the authority concerned is directed to consider the representation of the petitioner dated 30.01.2026, after affording sufficient opportunity of personal hearing to both the petitioner and the sixth respondent, and to pass appropriate orders on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition is disposed of.

There shall be no order as to costs.

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