V.Loganathan, vs The Chairperson/The District Collector,

WP(MD) No. 30658 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28-10-2026
CORAM
THE HON'BLE MR. JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 30658 of 2026
AND
W.M.P.(MD)No.23390 of 2026
CNR:{HCMD011503652026}
V.Loganathan,
Kannanur,
Kokkulam Post,
UsilampattiTaluk,
Madurai District - 625 514.
..Petitioner(s)
Vs
1.
The Chairperson/The District Collector,
District Monitoring Committee for
Identifying and Evicting Encroachments
in Water bodies and other Govt.lands,
District Collectorate
Madurai District.
2. The District Revenue Officer
O/o.The District Revenue Officer
Madurai District
3. The Revenue Divisional Officer
Usilampatti Division,
Madurai District
4. The Tahsildar
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WP(MD) No. 30658 of 2026
Usilampatti, Madurai District.
5.
The Block Development Officer
Chellampatti Block, Madurai District.
6. The Village Administrative Officer
Kannanur Village Usilampatti Taluk
Madurai District
7. John Babu,
Kannanur village, Kokkulam post,
Usilampattitaluk,
Madurai
..Respondent(s)
Prayer : Writ Petition, filed under Article 226 of the
Constitution of India, praying this court to issue a Writ of
Mandamus, directing the Respondent No.1 to 6 to remove the
encroachment made by the Respondent No.7 in public
pathway/public street in an extent of 91 square feet (3.25 feet in
breath and 28 feet in length) in Survey No.242/1 in Kannanur
Village, Usilampatti Taluk, Madurai District, by way of demolishing
the construction by considering the representation of the Petitioner
dated 03.10.2026 within the time period stipulated by this Court.
For Petitioner(s): Mr.T.Aswin Raja Simman
For Respondent(s): Mr.M.Kannan,
Special Government Pleader
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WP(MD) No. 30658 of 2026
for R-1 to R-4 & R-6.
Mr.P.Rajagopalan,
Additional Government Pleader
for R-5.
ORDER
(Order of the Court was made by G.R. SWAMINATHAN J.)
Heard the learned counsel appearing for the writ petitioner
and the learned Special Government Pleader appearing for the
respondents 1 to 4 and 6 and the learned Additional Government
Pleader appearing for the fifth respondent.
2. Issuance of notice to the seventh respondent is dispensed
with.
3. The petitioner is a resident of Kannanur. According to him,
the petition mentioned land has been encroached upon by the
seventh respondent. He wants the same to be removed.
4. When the matter was taken up for hearing, the learned
Special Government Pleader submitted that the petition mentioned
land has been classified as a road. Encroachment on a road is
impermissible.
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WP(MD) No. 30658 of 2026
5. We, therefore, direct the fourth respondent to issue notice
to the seventh respondent. The procedure laid down in the Tamil
Nadu Land Encroachment Act, 1905 shall be followed. If the fourth
respondent is satisfied that there is encroachment on a public
street, then it shall be removed. The entire exercise shall be
completed within a period of four months from the date of receipt
of a copy of this order. This writ petition stands disposed of
accordingly. No costs. Consequently, connected miscellaneous
petition is closed.
(G.R.S.,J.)
(M.D.S.,J.)
28-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
PMU
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WP(MD) No. 30658 of 2026
To
1.
The Chairperson/The District Collector
District Monitoring Committee for
Identifying and Evicting Encroachments
in Water bodies and other Govt.lands
District Collectorate Madurai District
2.
The District Revenue Officer
O/o.The District Revenue Officer
Madurai District
3.
The Revenue Divisional Officer
Usulampatti Division Madurai District
4. The Tahsildar
Usulampatti Madurai District
5.
The Block Development Officer
Chellampatti Block Madurai District
6.
The Village Administrative Officer
Kannanur Village Usulampatti Taluk
Madurai District
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WP(MD) No. 30658 of 2026
G.R.SWAMINATHAN, J.
AND
M.D.SUMATHI, J.
PMU
WP(MD) No. 30658 of 2026
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WP(MD) No. 30658 of 2026
28-10-2026
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