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2026 Supreme(Online)(Mad) 41804

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.Bharatha Chakravarthy, R.Poornima, JJ
Sathish Kumar – Appellant
Versus
District Collector – Respondent
W.P(MD)No.14234 of 2026|WMP(MD)No.10656 of 2026



Advocates:
For the Appellants/Petitioners: D.Nallathambi
For the Respondents: R.Gandhiraj

The High Court will not entertain a writ petition regarding encroachment or land title disputes when the subject matter is already pending adjudication in a competent Civil Court.

Headnote:The case involves a request for a Writ of Mandamus under Article 226 of the Constitution of India, seeking the removal of alleged encroachments by a private individual on Government Natham Poramboke lands. The petitioner seeks to restore a public pathway blocked by the respondent. The core issue is whether the High Court should exercise its extraordinary jurisdiction under Article 226 when competing claims regarding property status and possession are already the subject of a pending civil suit in the District Munsif Court. The court held that where private legal titles and encroachment disputes are sub-judice in civil proceedings, the writ jurisdiction is not the appropriate forum for adjudication. The writ petition stands disposed of, granting liberty to the parties to pursue their claims, including raising counterclaims, in the pending civil suit.

Table of Content
1. requesting government intervention in alleged land encroachment. (Para 1 , 2)
2. court refuses to exercise writ jurisdiction when a civil suit is pending between parties concerning the disputed property. (Para 3)

6.M.Mashanam ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the Respondent Nos.1 to 5 herein to consider the petitioner's representation dated 08.05.2026 and consequently remove the encroachment made by the 6th respondent in the Government Natham Poramboke lands situated in Survey Nos.494/17, 494/18 and 494/30 at Musuvanoothu Village, Nilakottai Taluk, Dindigul District restore the public pathway available therein.

For Petitioner : Mr.D.Nallathambi For Respondents : Mr.R.Gandhiraj, - for R1 to R5 Special Government Pleader

O R D E R

(Order of the Court was made by D.Bharatha Chakravarthy, J.)

This writ petition is filed to consider the petitioner's representation dated 08.05.2026.

2. The learned counsel for the petitioner would submit that the private respondent, namely, Mashanam has encroached in Government interests' lands in survey No.494/17, 494/18 and 494/30 at Musuvanoothu Village, Nilakottai Taluk, Dindigul District and therefore, direction has to be given to the respondents to remove the encroachment.

3. The learned counsel himself has produced the copy of the plaint filed by the 6th respondent Mashanam before the District Munsif Court, Nilakottai, where under the petitioner is arrayed as the respondent. It can be seen that the very same property in some of the subdivisions in 494 is the schedule property in the said suit. Even before us, there is no clear cut documents to show that the lands are Government interest lands produced. In any event, when the suit is pending between the parties, we are not inclined to entertain the writ petition. It will be open for the petitioner to raise all the grounds and even to file any counterclaim in the said suit that is pending before the District Munsif Court, Nilakottai. With the liberty kept open to the petitioner, this writ petition stands disposed of. No costs.

Consequently, connected miscellaneous petition is closed.

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