Kaliappan vs The District Collector/Monit

WP(MD) No. 29289 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 29289 of 2026
CNR:{HCMD011448872026}
Kaliappan
Pooncholaipatti,
Edaiyapatti Post,
Kadavur Taluk,
Karur District.
..Petitioner(s)
Vs
1. The District Collector/Monitoring Committee
Karur District, Karur
2. The Revenue Divisional Officer
Karur,
Karur District.
3. The Tahsildar
Kadavur Taluk,
Karur District
4. Periyarasu Gounder
S/o, Kaali Gounder,
Pungambadi,
T. Idaiyapatti East Village,
Kadavur Taluk, Karur District,
5. Pichaimuthu
S/o. Rasu Gounder (a) Kalai,
Pungambadi,
T. Idaiyapatti East Village,
Kadavur Taluk,
Karur District.
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WP(MD) No. 29289 of 2026
6. Marimuthu
S/o. Rasu Gounder (a) Kalai,
Pungambadi,
T. Idaiyapatti East Village,
Kadavur Taluk,
Karur District.
7. Malaiyan
S/o. Rasu Gounder (a) Kalai,
Pungambadi,
T. Idaiyapatti East Village,
Kadavur Taluk,
Karur District.
8. The District Revenue Officer,
Karur.
(R.8 is suo motu impleaded vide
order of this Court dated 12.10.2026)
..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
Respondents 1 to 3 to remove the encroachment made by the respondents
4 to 7 in S.F.No. 1468/1, situated at T.Idaiyapatti East Village, Kadavur
Taluk, Karur District, based upon the Petitioners representation dated
29.06.2026 within the time stipulated by this Court.
For Petitioner(s) : Mr.S.Gokulraj
For Respondent(s) : Mr.S.Shanmugam
Government Advocate (Civil Side)
for R.1 to R.3 & R.8
No Appearance for R.4 to R.7
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WP(MD) No. 29289 of 2026
ORDER
(Order of the Court was made by G.R.Swaminathan J.)
Heard the learned counsel for the writ petitioner and the learned
Government Advocate appearing for the official respondents. Issuance of
notice to the private respondents is dispensed with.
2.The writ petitioner herein filed a representative suit in O.S
No.206 of 2013 on the file of the District Munsif Court, Kulithalai. The
prayer was for permanent injunction and to restrain the authorities from
granting patta in favour of the private parties. The suit schedule property
pertains to SF No.1468/1, T.Idaiyapatti East Village, Kadavur Taluk,
Karur District. The suit was decreed as prayed for on 31.01.2020.
Questioning the same, the aggrieved defendants filed A.S.No.14 of 2020
on the file of Sub Court, Kulithalai. The appeal was dismissed on
31.01.2024.
3.We do not know if any second appeal has been filed. However,
the learned counsel for the petitioner asserts that the decree passed by the
civil Court has attained finality and that no second appeal has been
preferred.
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WP(MD) No. 29289 of 2026
4.Be that as it may, the instructions given to the learned
Government Advocate are that the subject survey number was originally
classified as “cart track” and that during UDR it was erroneously
classified as “patta land” in the names of Periyasamy, Pichai Muthu and
Mari Muthu.
5.The Tahsildar has submitted proposal to the District Revenue
Officer, Karur for making the necessary corrections in the revenue
record.
6.The District Collector, Karur, the Revenue Divisional Officer
and the Tahsildar are parties to the civil suit instituted by the petitioner
herein in representative capacity. Still in view of the entry in the revenue
record, we are unable to dispose of this writ petition on the strength of the
decree passed by the civil Court at the admission stage. We will have to
necessarily hear the private respondents if any second appeal has been
filed.
7.We, therefore, dispose of this writ petition by directing the
District Revenue Officer, Karur (the eight respondent herein) to pass final
order on the proposal submitted by the Tahsildar, Kadavur within a
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WP(MD) No. 29289 of 2026
period of eight weeks from the date of receipt of a copy of this order. It
is needless to mention that before making the necessary corrections, the
District Revenue Officer, Karur has to put the private respondents herein
on notice. We give such a direction because an UDR error can be
corrected only by the DRO. It is well settled that there is no limitation
for making such correction. In any event, the DRO cannot go against the
findings given by the jurisdictional civil Court. If the DRO finds that the
decree obtained by the petitioner is holding the field, he has to necessarily
correct the aforesaid UDR error. Once such a correction has been made,
the jurisdictional Tahsildar is obliged to take action under the provisions
of the Land Encroachment Act for removing the encroachments. This
exercise shall be completed by the jurisdictional Tahsildar within a period
of two months after the DRO passes final order in favour of the petitioner
herein.
8.This Writ Petition is disposed of accordingly. No costs.
(G.R.S.,J.) (M.D.S.,J.)
12-10-2026
2/2
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MGA
Note: Issue order copy on 16.10.2026.
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WP(MD) No. 29289 of 2026
To
1. The District Collector/Monitoring Committee
Karur District,
Karur
2. The Revenue Divisional Officer
Karur,
Karur District.
3. The Tahsildar
Kadavur Taluk,
Karur District
4. The District Revenue Officer,
Karur.
Copy to
1.The District Munsif Court, Kulithalai.
2.The Sub Court, Kulithalai.
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WP(MD) No. 29289 of 2026
G.R.SWAMINATHAN, J.
AND
M.D.SUMATHI, J.
MGA
WP(MD) No. 29289 of 2026
12-10-2026
2/2
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