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W.P(MD) No.9885 of 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 30/03/2026 PRONOUNCED ON : 22/04/2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND

THE HONOURABLE MS.JUSTICE R.POORNIMA

W.P(MD) No.9885 of 2020 and

WMP(MD)Nos.8857 to 8859 of 2020

G.Dhanapal : Petitioner

Vs.

1.Government of Tamil Nadu Through the Collector,

Tirunelveli District.

2.The Director of Survey and Settlement, Department of Survey House,

Chepauk, Chennai-600 005.

3.The Assistant Director of Survey, Tirunelveli.

4.Tirunelveli Municipal Corporation, Through its Commissioner,

Tirunelveli.

5.Local Planning Authority, Through its Member Secretary,

Tirunelveli Municipal Corporation, Tirunelveli.

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W.P(MD) No.9885 of 2020

6.M.Gandhimanthi Natham

7.Ganapathy Chandra Sekaran

8.Jesu Rathinam

9.Joint Sub Registrar No1, Office of the District Registrar,

Kokkirakulam, Tirunelveli. : Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Writ of Certiorarified Mandamus, to call for the records of the respondents 3, 4 and 5 regarding Town Survey No.:T.s.No.81 and 82,Block 1, Ward BR, Palayamkottai Zone, Tirunelveli Municipal Corporation, quash the same, redraft the same as per the original and earlier sale deeds and issue a Mandamus against Respondents to remove the encroachments in 33 feet in Poombavai Amma Kannu Ammal Street and restore its original size and to pass such

other or further orders.

For Petitioner : Mr.T.S.R.Venkatramana Senior Counsel

for Mr.A.Parameswaran

For R1 to R3 &

R5 and R9 : Mr.T.Amjad Khan Government Advocate

For 4th th Respondent : Mr.Aayiram K.Selvakumar

For R6 to R8 : No appearance

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W.P(MD) No.9885 of 2020

ORDER

(Order of the Court was made by R.POORNIMA,J.)

This writ petition has been filed by the petitioner with a prayer

to issue a writ of Certiorarified Mandamus to call for the records of the respondents 3, 4 and 5 regarding Town Survey Nos.81 and 82, Block 1, Ward BR, Palayamkottai Zone, Tirunelveli Municipal Corporation, quash the same, re-draft the same as per the original and earlier sale deeds and to issue a Writ of Mandamus against the respondents to remove the encroachments in 33 feet in Poombavai Amma Kannu Ammal Street and

restore its original size.

2.According to the petitioner, he and his brother jointly purchased

two plots, namely Plot Nos.46 and 47, in Ayya Arumuga Mudhaliar Nagar, on 21.12.1981, which is now known as Srinivasagam Nagar, Tirunelveli District. Subsequently, the petitioner purchased his brother’s share in Plot No.47 on 24.02.1992 and thereby became the absolute

owner of both plots.

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W.P(MD) No.9885 of 2020

2.1.The original promoter, Ayya Subramania Mudhaliar, had

earmarked and specifically provided a 33-feet wide East–West street on the southern side of the petitioner’s plots, known as “Poompavai Amma Kannu Ammal Street.” The petitioner claims that his right over the said street is statutorily protected under Sections 8 and 48 of the Transfer of

Property Act, 1882, and Section 19 of the Easements Act, 1882.

2.2.The petitioner contends that respondents 6 to 8, who are

subsequent purchasers of plots situated to the south of the said 33-feet street, have encroached upon the street to an extent of 11 feet towards the north. When the petitioner objected to such encroachment, the respondents claimed that, as per the Municipal Town Planning records, the width of “Poompavai Amma Kannu Ammal Street” is only 22 feet in

Town Survey Nos.81 and 82.

2.3.According to the petitioner, such encroachment into a

designated public street is illegal, void, and contrary to public law, easementary rights, and municipal regulations, as well as the principles laid down by the Hon’ble Supreme Court. Hence, the petitioner has

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