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2026 Supreme(Online)(Mad) 19210

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
G.Berkmans – Appellant
Versus
The District Collector, Ramanathapuram District – Respondent
W.P.(MD)No.3028 of 2026



Advocates:
For the Appellants/Petitioners: Mr.D.Srinivasaragavan
For the Respondents: Mr.S.P.Maharajan, Spl. Govt. Pleader for R1 to R4

Court mandates removal of encroachments in public pathways under relevant statutes, emphasizing due process in administrative actions.

Headnote:The petitioner filed a Writ of Mandamus under Article 226 seeking the removal of encroachments in S.No.397/10, stating previous representations were neglected. The respondents indicated actions taken under the Tamil Nadu Land Encroachment Act, 1905. The Court ordered respondents 1 to 4 to take action for removal of encroachments and hear parties within one month. The writ petition was disposed of with no cost order.

Table of Content
1. petition for encroachment removal. (Para 1 , 2)
2. government's commitment to address encroachments. (Para 3)
3. court directives for compliance and resolution. (Para 4)

(Order of the Court was made by N.SATHISH KUMAR, J.)

This Writ Petition is filed seeking a direction to the respondents 1 to 4 to remove the encroachment made by the respondents 5 to 7 in S.No.397/10 of Subburayapuram Village, Venkittankurichi Post, Paramakudi Taluk, Ramanathapuram District, based on the notice issued by the 3rd respondent on 10.09.2025. .

2. It is the grievance of the petitioner that public pathway in S.No.397/10, situated at Subburayapuram Village, Venkittankurichi Post, Paramakudi Taluk, Ramanathapuram District, has been encroached by the respondents 5 to 7. In this regard, the petitioner had already submitted a representation on 04.11.2025. However, no action has been taken, and despite the encroachment having been identified, the authorities have failed to initiate any action.

3. The learned Special Government Pleader appearing for the respondents 1 to 4 would submit that, notices under Section 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905 have been issued on 10.09.2025 and they will complete the process within a period of one month.

4.In view of the above, this Court directs respondents 1 to 4 to take necessary action for the removal of the encroachment and pass appropriate orders on merits and in accordance with law, after issuing notice to respondents 5 to 7 and affording them an opportunity of hearing, within a period of one month from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of.

There shall be no order as to costs.

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