Pandiyan S v. The District Collector

O R D E R [Order of the Court was made by DR.G.JAYACHANDRAN, J.] Mr.D.Sasi Kumar, learned Additional Government Pleader, takes notice for the respondents 1 to 5 and Mr.K.Gnanasekaran, learned Government Advocate (Criminal Side), takes notice for the sixth respondent.

¶2With the consent of both sides, this writ petition is taken up for final disposal at the stage of admission itself.

¶3The petitioner challenging the proceedings of the fifth respondent, dated 09.01.2026, directing him to remove the encroachment made by him on the Public Works Department's road, is before this Court stating that there are few other encroachers in the same survey number, but the respondents targeting only him.

¶4Learned Government Pleader appearing for the respondents 1 to 5, on instructions, submitted that there is no discrimination in evicting the encroachers and the petitioner herein, who is occupying the public road, had preferred a revision and the same was considered and dismissed by the authority concerned and only after following due process of law, the eviction process has been initiated.

¶5On perusal of the records, we find no merit in this writ petition to interfere with the impugned proceedings issued by the fifth respondent. However, to ensure that all the encroachers in the subject public pathway are treated equally, the respondents are directed to follow due process of law while evicting the encroachers in the subject pathway.

¶6With the above observation, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

[G.J., J.] [K.K.R.K., J.]

30.01.2026 NCC : Index : Internet :

krk To:

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The District Revenue Officer, Pudukkottai District, Collectorate, Pudukkottai.

3.The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

4.The Commissioner, Pudukkottai Municipality, Pudukkottai, Pudukkottai District.

5.The Assistant Divisional Engineer, Highways, Construction and Maintenance Office, Pudukkottai, Pudukkottai District.

6.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District. DR.G.JAYACHANDRAN,-J. AND K.K.RAMAKRISHNAN,-J. krk W.P.(MD)-No.2591-of-2026 and W.M.P.(MD)-Nos.2182,-2183-&-2186-of-2026

30.01.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2026 CORAM: THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and W.M.P.(MD) Nos.2182, 2183 & 2186 of 2026 S.Pandiyan ... Petitioner -vs- 1.The District Collector Pudukkottai District Pudukkottai 2.The District Revenue Officer Pudukkottai District Collectorate, Pudukkottai 3.The Revenue Divisional Officer Pudukkottai Pudukkottai District 4.The Commissioner Pudukkottai Municipality Pudukkottai Pudukkottai District 5.The Assistant Divisional Engineer Highways, Construction and Maintenance Office Pudukkottai, Pudukkottai District 6.The Inspector of Police Ganesh Nagar Police Station Pudukkottai District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records of the 5th respondent made in his proceedings in Na.Ka.No.103/2025/IvaAa/dated 09.01.2026 and quash the same as illegal and non-application of mind and consequently direct the respondents not to interfere in the peaceful possession of the property in Block No.203, Town Survey No.13/4, Pudukkottai Town based on the petitioner's representation dated 11.09.2025 and 19.01.2026 within the period stipulated by this Court. For Petitioner : Mr.Ananth C.Rajesh For Respondents : Mr.D.Sasi Kumar Additional Government Pleader for R1 to R5 Mr.K.Gnanasekaran Government Advocate (Criminal Side) for R6