M.Murgesan Vs The District Collector

M.Murgesan vs The District Collector

Type Court Judgment Court Chennai Decided Feb 04, 2026

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https://sooperkanoon.com/case/1541825

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Citation: sooperkanoon.com/1541825
Court: Chennai High Court
Judge: Honourable Dr Justice G. Jayachandran,Honourable Mr Justice K.K. Ramakrishnan
Decided On: Feb 04, 2026
Case Number: WP(MD)/1912/2026

Parties & Advocates

Appellant / Petitioner

M.Murgesan

Respondent

The District Collector

Excerpt

.....dated 8.12.2025 and quash the same as illegal and to remove t.s.no.133 from the canal bearing t.s.no.179, situated at managiri north street, madurai north taluk, madurai city.for petitioner : mrs.a.rajini for respondents : mr.j.ashok 1 and 4 addl.govt.pleader for respondents : mr.p.anbunidhi 2 and 3 standing counselorder(order of the court was made by dr.g.jayachandran.,j) this writ petition has been filed to quash the impugned proceedings of the third respondent, dated 08.12.2025 and to remove t.s.no.133 from the canal bearing t.s.no.179, situated at managiri north street, madurai north taluk, madurai city. 2.mr.j.ashok, learned additional government pleader takes notice for the respondents 1 and 4 and mr.p.anbunidhi, learned standing counsel takes notice for the respondents 2 and 3. 3.the petitioner herein, who was found to have encroached the street in the approved lay-out, claims that the street is owned by six of the plot owners and it is not for the third parties.4.this contention of the petitioner is awkward and frivolous one. once in a lay out, an area is ear-marked for public purpose for road, the neighbouring land owners cannot claim any right in the said road. the third respondent has rightly issued the proceedings impugned herein to remove the encroachment, which is on the road, as found in the approved lay-out. therefore, we find no reason to interfere with the said order.5.accordingly, the writ petition stands dismissed. no costs. consequently, connected miscellaneous petition is closed. [g.j.,j.] [k.k.r.k.,j.] 04.02.2026 ncs : yes/no index : yes / no internet : yes / no vsn to 1.the district collector, madurai district, madurai - 625 020. 2.the commissioner, 3.the assistant commissioner, zone-ii north, 4.the tahsildar, madurai north taluk, madurai - 625 002.dr.g.jayachandran, j.andk.k.ramakrishnan,j.vsnorder made inw.p(md)no.1912 of 2026 and w.m.p(md)no.1503 of 2026 04.02.2026

Full Judgment

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2026
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN W.P(MD)No.1912 of 2026 and W.M.P(MD)No.1503 of 2026 M.Murugesan ... Petitioner .Vs. 1.The District Collector, Madurai District, Madurai - 625 020. 2.The Commissioner, 3.The Assistant Commissioner, Zone-II North, 4.The Tahsildar, Madurai North Taluk, Madurai - 625 002. 5.C.Selvakumar ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned proceedings of the third respondent in Na.Ka.No.Ma2E1/13331/2023, dated 8.12.2025 and quash the same as illegal and to remove T.S.No.133 from the Canal bearing T.S.No.179, situated at Managiri North Street, Madurai North Taluk, Madurai City.
For Petitioner : Mrs.A.Rajini For Respondents : Mr.J.Ashok 1 and 4 Addl.Govt.Pleader For Respondents : Mr.P.Anbunidhi 2 and 3 Standing Counsel

ORDER

(Order of the Court was made by DR.G.JAYACHANDRAN.,J) This Writ Petition has been filed to quash the impugned proceedings of the third respondent, dated 08.12.2025 and to remove T.S.No.133 from the Canal bearing T.S.No.179, situated at Managiri North Street, Madurai North Taluk, Madurai City. 2.Mr.J.Ashok, learned Additional Government Pleader takes notice for the respondents 1 and 4 and Mr.P.Anbunidhi, learned Standing Counsel takes notice for the respondents 2 and 3. 3.The Petitioner herein, who was found to have encroached the street in the approved lay-out, claims that the street is owned by six of the plot owners and it is not for the third parties.

4.This contention of the Petitioner is awkward and frivolous one. Once in a lay out, an area is ear-marked for public purpose for road, the neighbouring land owners cannot claim any right in the said road. The third respondent has rightly issued the proceedings impugned herein to remove the encroachment, which is on the road, as found in the approved lay-out. Therefore, We find no reason to interfere with the said order.

5.Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. [G.J.,J.] [K.K.R.K.,J.] 04.02.2026 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, Madurai District, Madurai - 625 020. 2.The Commissioner, 3.The Assistant Commissioner, Zone-II North, 4.The Tahsildar, Madurai North Taluk, Madurai - 625 002.

DR.G.JAYACHANDRAN, J.

and

K.K.RAMAKRISHNAN,J.

vsn

ORDER MADE IN

W.P(MD)No.1912 of 2026 and W.M.P(MD)No.1503 of 2026 04.02.2026

Same Court & Year Chennai · 2026 Same Parties M.Murgesan vs The District Collector Same Judge Honourable Dr Justice G. Jayachandran,Honourable Mr Justice K...