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2026 Supreme(Online)(Mad) 23313

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N. Sathish Kumar, M. Jothiraman, JJ
Mariadoss – Appellant
Versus
The District Collector – Respondent
W.P.(MD)No.3226 of 2026



Advocates:
For the Appellants/Petitioners: S. Saravana Kumar
For the Respondents: P. T. Thiraviam, K. Sanjay Gandhi

Where proceedings under the Land Encroachment Act are already initiated and notice has been issued, the court will direct the completion of such proceedings within a specified timeframe after providing a hearing to all concerned parties rather than issuing a fresh mandate.

Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct authorities to remove encroachments on government land in Survey No. 88/32, Poradappu Village, which allegedly blocked a channel. The court noted that the authorities had already initiated proceedings under the Land Encroachment Act. The primary issue was whether further directions were necessary to compel the respondents to act upon the petitioner's representations. The court reasoned that since notice under Section 7 of the Land Encroachment Act had already been issued to the encroacher, no further direction was required, provided the proceedings are concluded within a fixed timeframe after hearing all parties. With the above direction, this writ petition is disposed of.

Table of Content
1. petitioner seeks removal of encroachment on government land blocking a water channel. (Para 1 , 2)
2. government has already initiated statutory proceedings under the land encroachment act. (Para 3)
3. court directs completion of existing encroachment proceedings within two months after hearing parties. (Para 4 , 5)

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the fifth respondent in Government land in Survey No.88/32 in Poradappu villag, Devakottai Taluk, Sivagangai District by considering the petitioner's representation dated 22.12.2025, 29.12.2025 and 22.01.2026 within the time limit as prescribed by this Court.

ORDER

(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 fifth respondent in the Government land in Survey No.88/32 in Poradappu Village, Devakottai Taluk, Sivagangai District by considering the petitioner's representation dated 22.12.2025, 29.12.2025 and 22.01.2026 within the time limit as prescribed by this Court.

2.The grievance of the petitioner is that the fifth respondent has encroached the Government land blocking the channel. Therefore, he has given representations dated 22.12.2025, 29.12.2025 and 22.01.2026 in this regard to the respondents. Since the same have not been considered, the petitioner has filed the instant writ petition.

3.The learned Government Advocate appearing for the official respondents, on instructions, submitted that already proceedings under the provisions of the Land Encroachment Act has been initiated and notice under Section 7 of the Act has been issued to the fifth respondent.

4.Since the proceedings under the provisions of the Land Encroachment Act has already been initiated by the respondents, by considering the representations submitted by the petitioner, no further direction is required to be issued in this writ petition. However, the authorities shall complete the proceedings initiated under the provisions of the Land Encroachment Act, after affording opportunity of the hearing to the encroachers as well as the petitioner, within a period of two months from the date of receipt of a copy of this order.

5.With the above direction, this writ petition is disposed of. There shall be no order as to costs.

Index :Yes/No

Internet :Yes

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