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2026 Supreme(Online)(Mad) 24522

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
N.Annamalai S/o. Narayana Gouder – Appellant
Versus
The District Collector Tiruvannamalai District – Respondent
WP No. 35892 of 2025



Advocates:
For the Appellants/Petitioners: Mr.M.Loganathan
For the Respondents: Mr.T.Arunkumar, Addl.Govt.Pleader for R1 & R2, Mr.M.Babu Muthu Meeran, Addl.P.P. for R3, Mr.J.Ganesh for R4 & R5

The court emphasizes the prohibition of encroachments on public roads, reaffirming the necessity for maintaining public access and utility.

Headnote:This judgment addresses a Writ of Mandamus instituted to direct the removal of encroachments on government poramboke land. The court finds that encroachments affecting public access should not be allowed and directs relevant authorities to ensure the road remains free of encroachments. The Writ Petition was disposed of without costs.

Table of Content
1. writ of mandamus for encroachment removal. (Para 1 , 2 , 3)
2. prohibition of encroachments to maintain public roads. (Para 4)

(Order of the Court was made by S.M.Subramaniam J.)

Writ of Mandamus has been instituted to direct the respondents 1 to 3 to remove the encroachments.

2. Learned counsel for the petitioner would submit that beyond the natham lands, road portion is also being encroached upon by extending the temple constructions. In the event of allowing such encroachments, the width of the road will be affected and therefore, the authorities are bound to remove the encroachments.

3. Learned Additional Government Pleader would submit that the Tahsildar, Thandarapattu,has given instruction, vide letter dated 03.10.2025, which reads as under.

2. It is submitted that as per UDR A-Register of Veeranam village the Survey no.14/3 with an extent of

0.67.0 Hectare is a government porampoke land which is classified as Pathai. In this pathai porampoke Bajanai Koil temple is situated for a long time. An Anganwadi school is also located in this land. Petitioner and other patta holders of the adjacent land and public are using this pathway for ingress and egress.

3. 4th and 5th Respondents have not made any encroachments in this pathway and 4th respondent is the Trustee of that temple.

.

4. Be that as it may. This Court is of the considered view that encroachments in road portion, at no circumstances be permitted. Road is to be maintained free from encroachments for public use. Expansion of temple should not be permitted beyond the land allotted for temple construction and any further encroachments in respect of road portion is directed to be removed, if any identified. The authorities are directed to maintain the road free from encroachments for the benefit of the people and road users.

Accordingly, the Writ Petition stands disposed of No costs.

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