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2026 Supreme(Online)(Mad) 23214

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Balasubramanian – Appellant
Versus
The District Collector, Sivagangai District – Respondent
W.P(MD)No. 6451 of 2026



Advocates:
For the Appellants/Petitioners: Mr. V. Karuna
For the Respondents: Mr. J.Ashok Additional Government Pleader

The court emphasized the government's duty to survey land and remove encroachments, ensuring legal compliance and opportunity for the encroachers.

Headnote:The writ petition was filed under Article 226 of the Constitution to direct the respondents to conduct a survey and remove encroachments on government land. The court found that the respondents had agreed to carry out a survey of the encroachments and take action according to law. The survey is to be completed within three months.

Result: 'This Writ Petition is disposed of.'

Table of Content
1. grievance regarding encroachment on government land. (Para 1 , 2)
2. government's commitment to survey and address encroachments. (Para 3)
3. court ordered the survey to be completed within three months. (Para 4 , 5)

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P(MD)No. 6451 of 2026 Balasubramanian ... Petitioner Vs

1. The District Collector, Sivagangai District, Sivagangai.

2. The Revenue Divisional Officer, Devakottai, Sivagangai District.

3. The Tahsildar, Taluk Office, Thirupathur Taluk, Sivagangai District.

4. Kathiresan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents 1 to 3 to conduct survey and demarcation of the properties in Survey Nos. 524/1 and 272/4, situated at Oorkulathanpatti, Nedumaram Post, Thirupathur Taluk, Sivagangai District and remove the encroachments made by the fourth respondent in Government Road and Government Poramboke land and restore free access to the petitioner’s property and public pathway, by considering the petitioner’s representation dated 08.05.2025, within a time frame fixed by this Court.

For Petitioner : Mr. V. Karuna For Respondents : Mr. J.Ashok Additional Government Pleader

ORDER

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

The present writ petition has been filed to direct the respondents 1 to 3 to conduct survey and demarcate the properties in Survey Nos. 524/1 and 272/4, situated at Oorkulathanpatti, Nedumaram Post, Thirupathur Taluk, Sivagangai District and remove the encroachments made by the fourth respondent in Government Road and Government Poramboke land and restore free access to the petitioner’s property and public pathway, by considering the petitioner’s representation dated 08.05.2025.

2. The grievance of the petitioner is that the subject lands are classified as ‘Government Poramboke’ and however, on both sides of the land, there have been encroachments reducing the width of the road. In this regard, he has given a representation dated 08.05.2025. Since no steps have been taken, he has approached this Court by way of this writ petition.

3. The learned Additional Government Pleader for the respondents

1 to 3, on instructions, submits that they will conduct a survey and if there are any encroachments, they will proceed as per law. Further, it is stated that the Tahsildar, by proceedings dated 25.06.2025, has directed the Revenue Inspector and Surveyor to conduct survey.

4. In such view of the matter, the respondents shall conduct a survey and if any encroachments are found, they will proceed as per law after giving opportunity to the encroachers. Such exercise shall be completed within a period of three (3) months from the date of receipt of a copy of this order.

5. With the said observations, this Writ Petition is disposed of. No costs.

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