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2026 Supreme(Online)(Mad) 22333
MADURAI BENCH OF MADRAS HIGH COURT
G.R. Swaminathan, B. Pugalendhi, JJ
R.Kumarasamy – Appellant
Versus
The District Collector – Respondent
W.P(MD)No.3037 of 2026
For the Appellants/Petitioners: M. Kannan
For the Respondents: G.V. Vairam Santhosh
Government authorities are directed to remove encroachments on classified government land (Odai) only after conducting a survey and following the due process of law, including providing notice to all interested parties.
Headnote:The petitioners filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct the removal of encroachments in Government Poromboke odai in Survey Nos. 169, 799, 177/1 and 180/2 at Top Sengattupatti Village. The court noted that the survey numbers in question are classified as “Odai”. The central issue was the removal of encroachments on government land. The court held that the concerned authorities must conduct a survey and, if encroachments are identified, remove them by adhering to the due process of law after providing notice and opportunity to the encroachers and interested parties. This writ petition is disposed of accordingly.
| Table of Content |
|---|
| 1. petition for removal of encroachments on land classified as odai. (Para 1 , 2 , 3) |
| 2. requirement of survey and due process for encroachment removal. (Para 4) |
| 3. disposal of the writ petition. (Para 5) |
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachments in the Government Poromboke odai in Survey Nos. 169, 799, 177/1 and 180/2 at Top Sengattupatti Village, Patchamalai, Thenpura nadu, Uppiliyapuram, Thuraiyur Taluk, Trichy District within the time stipulated by this Court.
For Petitioners : Mr.M.Kannan
For Respondents : Mr.G.V.Vairam Santhosh
Additional Government Pleader for R.1 to R.5
ORDER
Heard the learned counsel appearing for the writ petitioners and the learned Additional Government Pleader appearing for the respondents 1 to 5. Considering the nature of relief to be granted, issuance of notice to the sixth respondent is dispensed with.
2.The petitioner wants the encroachment in the petition mentioned survey numbers to be removed.
3.The learned Additional Government Pleader states that the said survey numbers have been classified as “Odai”.
4.We direct the Tahsildar / fifth respondent to give notice to all the concerned parties and conduct survey. If encroachments are noticed, notices shall be given to all the encroachers / interested parties including the private respondent herein and opportunities should be given to them and they will be removed by adhering to due process of law. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.
5.This writ petition is disposed of accordingly. No costs.
