BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.05.2025 CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.(MD) No.14230 of 2025 and W.M.P.(MD) No.10452 of 2025 Jeyapandi ... Petitioner -vs-

1.The District Collector Thoothukudi District Thoothukudi

2.The Tahsildar Tiruchendur Taluk Thoothukudi District

3.The Block Development Officer Udangudi Panchayat Union Udangudi, Tiruchendur Taluk Thoothukudi District

4.The Executive Officer Manadu Thandapathu Village Panchayath Tiruchendur Taluk Thoothukudi District

5.P.Suyambulingam ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records pertaining to the impugned eviction notice issued by the third respondent in Na.Ka.No.Thi3/1132/2025, dated

05.05.2025 and quash the same.

For Petitioner : Mr.M.Mohamed Sherbudeen For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader for R1 to R3

O R D E R

[Order of the Court was made by P.VELMURUGAN, J.]

Challenging the notice dated 05.05.2025, issued by the third respondent, directing the petitioner to remove the encroachment made by him in the subject land within fifteen days, the petitioner has filed this writ petition.

2. Mr.C.Venkatesh Kumar, learned Special Government Pleader, takes notice for the respondents 1 to 3.

3. Since the writ petition is disposed of at the admission stage itself and in view of the order proposed to be passed, notice to the respondents

4 & 5 is dispensed with.

4. With the consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

5. According to the petitioner, he is the owner of the property situated in Survey No.51/1A2A1A, Door No.6/46, measuring an extent of 7.5 Cents. The said property was originally belonged to one Subbammal and she sold the same to the petitioner's father Vayanapperumal. After the demise the said Vayanapperumal, the petitioner purchased the other share of his brother Thangapandi from his daughter Prema under a sale deed dated 10.03.1995 registered as document No.98 of 1995. Thereafter, the petitioner constructed a house thereon and he is in peaceful possession and enjoyment of the said property.

6. Further, according to the petitioner, in the said circumstances, the fifth respondent and his men gave all sorts of trouble to the petitioner's peaceful possession and enjoyment of the said property alleging that the petitioner has constructed a compound wall in a pathway. Hence, the petitioner filed a suit in O.S.No.158 of 2023, before the Sub Court, Thiruchendur, seeking declaration and permanent injunction and the said suit is pending. In the said suit, the Executive Officer, Manadu Thandapathu Village Panchayath, who is the fourth respondent herein is arrayed as seventh defendant and the fifth respondent herein is arrayed as second defendant and they have not contested the said suit and therefore, they were set ex parte in the said suit. In such circumstances, all of a sudden, the third respondent issued the impugned notice to the petitioner alleging that he has encroached upon a pathway by constructing a compound wall and directing him to remove the said encroachment within a period of fifteen days. Challenging the same, the present writ petition.

7. A perusal of the materials on record shows that the petitioner is alleged to have constructed a compound wall in a pathway and the same is directed to be removed. Further, it is seen that the petitioner has already filed a civil suit in O.S.No.158 of 2023, before the Sub Court, Thiruchendur, seeking declaration and permanent injunction and the same is pending disposal. Therefore, we are not inclined to grant the relief sought for by the petitioner in this writ petition and he is directed to work out his remedy in the said suit in the manner known to law.

8. However, the third respondent is directed to measure the subject land with the help of the qualified surveyor in the pr