BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2026 CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P(MD)No.3530 of 2026 Palsamy ... Petitioner vs.

1.The District Collector cum Monitoring Committee, Madurai District.

2.The Revenue Divisional Officer, Usilampatti Taluk, Madurai District.

3.The Block Development Officer, Usilampatti Taluk, Madurai District.

4.The Thasildhar, Usilampatti Taluk, Madurai District.

5.Navaneethakrishnan

6.Otchu

7.Ponnuthai

8.Muthupandi 9.Jothiyammal

10.Kala ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent Nos.1 to 4 herein to remove the encroachment and unauthorized construction made by the respondent Nos.5 to 10 in the common road / public pathway / street comprised in Survey Nos.350, 386 and 533 situated at Thimmanatham, Usilampatti Taluk, Madurai District within a stipulated time in accordance with law by considering the representations dated 19.10.2024 and

15.12.2025 and for consequential orders.

For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.D.Sasi Kumar (R1 to R4)

Additional Government Pleader : Mr.K.Muthu Ganesa Pandian (R5 to R7)

ORDER

(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 1 to 4 to remove the encroachment and unauthorized construction made by respondents 5 to 10 in the common road/public pathway/street comprised in Survey Nos.350, 386 and 533, situated at Thimmanatham, Usilampatti Taluk, Madurai District.

2.The grievance of the petitioner is that the respondents 5 to 10 have encroached upon portions of the said road/pathway/street by putting up constructions, thereby causing obstruction to the general public for ingress and egress. In this regard, the petitioner submitted representations dated 19.10.2024 and 15.12.2025 before the authorities concerned. Since no action has been taken so far, the present Writ Petition has been filed.

3.The fourth respondent has filed a status report.

4.The learned Special Government Pleader appearing for respondents 1 to 4 submitted that the revenue officials inspected the subject lands in the presence of the petitioner as well as the encroachers. Upon such inspection, it was found that except the 7^th respondent, namely Ponnuthayee, the other respondents have encroached upon the road/street and their encroachments are liable to be removed. Insofar as the 7^th respondent is concerned, it was found that she has constructed a pucca house away from the road/street. It is further submitted that if the 7^th respondent submits any representation seeking regularization of her occupation, the same will be considered in accordance with law.

5.In view of the above submission, the authorities concerned are directed to take necessary action for the removal of the encroachments made by respondents 5, 6 and 8 to 10, after issuing notice and affording an opportunity of personal hearing to all the parties concerned and by following due process of law, within a period of three months from the date of receipt of a copy of this order.

6.With the above directions, this Writ Petition is disposed of.

There shall be no order as to costs.

[N.S.K.,J.] [M.J.R.,J.]

09.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps To

1.The District Collector cum Monitoring Committee, Madurai District.

2.The Revenue Divisional Officer, Usilampatti Taluk, Madurai District.

3.The Block Development Officer, Usilampatti Taluk, Madurai District. 4.The Thasildhar, Usilampatti Taluk, Madurai District.

N.SATHISH KUMAR , J .

and M.JOTHIRAMAN , J .

ps ORDER MADE IN DATED : 09.03.2026