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2026 Supreme(Online)(Mad) 23852
IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUSHRUT ARVIND DHARMADHIKARI, CJ, G.ARUL MURUGAN, J
K.Venkatesappa – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
W.P.No.9174 of 2026
For the Appellants/Petitioners: Mr.Siddarth Sridhar
For the Respondents:Ms.Akila Rajendran Government Advocate for R1 and R2, Mr.K.M.D.Muhilan Additional Public Prosecutor for R3 and R4
The court emphasizes the duty of governmental authorities to ensure public pathways are free from illegal encroachments, reinforcing community access rights.
Headnote:This writ petition is filed under Article 226 of the Constitution seeking a writ of mandamus to remove illegal encroachments by private respondents on government land, specifically in Survey No.393/6 at Beemanapalli Village. The encroachments have been identified following a survey conducted by government officials, who have assured the court that actions will be taken to rectify the situation. The court directed official respondents to act within three months to restore the access to the village pathway. The central issue examined is the enforcement of land laws regarding illegal encroachment. The court concluded that the government respondents must act to remove obstructions and ensure public use of the pathway is reinstated promptly, thereby supporting community access rights and restoring legal land use. The writ petition was disposed of directing the respondents to take steps to remove the encroachments as early as possible, preferably within a period of three months from today.
| Table of Content |
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| 1. writ petition filed for removal of illegal encroachments. (Para 2) |
| 2. government officials confirm encroachments identified. (Para 3) |
| 3. court orders removal within three months. (Para 4) |
Heard learned counsel for the parties.
2. The present writ petition under Article 226 of the Constitution of India has been filed seeking the following relief:
“For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue a Writ, in the nature of a Writ of Mandamus, or any other Writ, Order or Direction directing the official respondents 1 to 4 herein to remove the illegal encroachment and illegal blockage made by the private respondents 5 to 15 herein in the Government Poramboke Pathai with a land to an extent of 7 cents (0.03.0 ares) comprised in Survey No.393/6 situated at Beemanapalli Village, Doripalli Post, Shoolagiri Taluk, Krishnagiri District and thereby ensuring that the village community have permanent pathway to access their agricultural fields and their houses and to access the village community spaces like temple, play-ground, school etc., by using the Government Poramboke Pathai without any disruption on the basis of the petitioner’s representation dated 26.12.2025 within the time period to be stipulated by this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.”
3. Today, when the matter is taken up for hearing, learned Government Advocate, on instructions, submitted that survey has already been conducted and encroachments in the form of cultivation have been identified and action to remove the encroachments shall be undertaken in accordance with law.
4. In view of the aforesaid statement made by learned Government Advocate, the writ petition is disposed of with a direction to respondents 1 to 4 to take steps to remove the encroachments, as early as possible, preferably within a period of three months from today.
There shall be no order as to costs.
