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2026 Supreme(Online)(Mad) 29803

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
V.Sundari – Appellant
Versus
The District Collector, Tenkasi District, Tenkasi. – Respondent


Advocates:
For the Appellants/Petitioners: Mr.M.Sankar
For the Respondents: Mr.S.P.Maharajan (R1 to R3), Mr.S.M.A.Jinnah (Intervenor)

Table of Content
1. petition seeks enforcement of rdo order removing encroachments from pathway. (Para 1 , 2 , 3 , 4 , 5)
2. material facts suppressed in prior proceedings. (Para 6 , 7)
3. rdo order non-binding due to suppression; pursue civil suit. (Para 8 , 9)

The petitioner has filed the present Writ Petition seeking a direction to the third respondent to implement the order passed by the second respondent in Mu.Mu.A5/8618/2024 dated 02.04.2025, based on the petitioner’s representation dated 11.09.2025.

2.The grievance of the petitioner is that she had earlier filed W.P.(MD)No.28892 of 2024 seeking a direction to remove the encroachment allegedly made by the respondents 6 to 9 therein by occupying a common pathway and putting up a Vinayagar Temple in Survey No.7/1D, Anaiyur Panchayat, Satchiyapuram, Sivakasi Taluk, Virudhunagar District. By order dated 03.12.2024, this Court directed the second respondent to consider the petitioner’s representation dated 23.11.2024 and pass appropriate orders on merits after affording opportunity to all concerned parties.

3.Pursuant to the said direction, the second respondent conducted an enquiry and passed a detailed order dated 02.04.2025 in Mu.Mu.

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