M.Malayandi, vs The District Collector/Monitoring Committee,
- Court
- Madras High Court
WP(MD) No. 19006 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. 19006 of 2026
CNR:{HCMD010893912026}
M.Malayandi,
S/o.Malaisamy,
No.1/513, Soorakkundu,
Melur, Madurai District.
..Petitioner(s)
Vs
1.
The District Collector/Monitoring
Committee,
District Collectorate Office,
Madurai.
2.
The Revenue Divisional Officer,
Revenue Divisional Office,
Narasingampatti,
Melur, Madurai.
3. The Tahsildar,
Melur, Madurai.
4.
The Block Development Officer,
Block Development Office,
Melur, Madurai.
5.
The Surveyor,
Taluk Office,
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Melur, Madurai.
6.
The Village Administrative Officer,
Village Administrative Office,
Melur, Madurai.
7. Ramesh,
S/o.Alagu,
Soorakkundu, Melur, Madurai District.
..Respondent(s)
Prayer : Writ Petition filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, directing the
respondents to remove the encroachment made in the Public
Pathway situate in S.No.327/3, 327/4B and 327/4A2 Soorakkundu,
Melur, Madurai District, based on the petitioner’s representation
dated 27.02.2026.
For Petitioner(s): Mr.S.Deenadhayalan
For Respondent(s): Mr.S.Shanmugam,
Government Advocate
for R-1 to R-6.
Mr.S.A.Ajmal Khan
for R-7.
ORDER
(Order of the Court was made by G.R. SWAMINATHAN J.)
Heard both sides.
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2. The petitioner is a resident of Soorakkundu Village. He
alleges that the petition mentioned lands have been classified as
pathway and that the seventh respondent has committed
encroachment.
3. When the matter was taken up for hearing, the learned
counsel appearing for the seventh respondent points out that
survey No.327/3 was the subject matter of more than one civil
proceeding. The proceedings were instituted by the writ petitioner
as well as by his grandfather. They were dismissed.
4. The seventh respondent has filed a typed set of papers
enclosing the copy of the judgment and decree dated 12.11.2019
made in S.A.(MD)No.1189 of 2005. No reference has been made to
the said civil proceedings in the affidavit filed in support of the
present writ petition. Therefore, no relief can be granted in respect
of survey No.327/3.
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5. According to the seventh respondent, survey Nos.327/4B
and 327/4A2 have been reclassified as public pathway without
notice.
6. Earlier, it was classified as natham poramboke. Be that as it
may, the seventh respondent has filed petition in respect of survey
No.327/4A before the District Revenue Officer, Madurai.
7. The learned counsel for the seventh respondent states that
another application before the District Revenue Officer will be filed
in respect of survey No.327/4B within a period of two weeks from
the date of receipt of a copy of this order.
8. We direct the District Revenue Officer, Madurai to dispose
of the seventh respondent's revision petitions on merits and in
accordance with law within a period of three months. If the District
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Revenue Officer, Madurai upholds the claim of the seventh
respondent, then obviously, the revenue authorities cannot take
any further action on the petitioner’s complaint. If on the other
hand, the District Revenue Officer rejects the seventh respondent’s
application, then it is the duty of the third respondent to conduct
proper survey and remove the encroachments found in survey
No.327/4B and 327/4A2. We make it clear that we have not gone
into the merits of the matter. All the contentions of the seventh
respondent are left open. This writ petition stands disposed of
accordingly. No costs.
(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. 19006 of 2026
To
1.
The District Collector/Monitoring
Committee
District Collectorate Office
Madurai
2. The Revenue Divisional Officer
Revenue Divisional Office
Narasingampatti
Melur, Madurai
3.
The Tahsildar
Melur, Madurai
4.
The Block Development Officer
Block Development Office
Melur, Madurai
5.
The Village Administrative Officer
Village Administrative Office
Melur, Madurai
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WP(MD) No. 19006 of 2026
G.R.SWAMINATHAN, J.
AND
M.D.SUMATHI, J.
PMU
WP(MD) No. 19006 of 2026
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28-10-2026
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