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2026 Supreme(Online)(Mad) 25130

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Sathish Kumar, M.Jothiraman, JJ
A.Subramanian – Appellant
Versus
The District Collector, O/o.The District Collector, Puthukottai District. – Respondent
W.P(MD)No.7725 of 2026



Advocates:
For the Appellants/Petitioners: Mr.V.Dinesh Kumar
For the Respondents: Mr.J.Ashok (R1 to R4) Additional Government Pleader

Authorities are required to assess encroachment claims and act within legal frameworks, ensuring fair hearings.

Headnote:The case concerns a petition filed under Article 226 of the Constitution for issuance of a Writ of Mandamus to the respondents regarding alleged encroachment on government land. The court determined that authorities must conduct a survey to assess the encroachment and take requisite action if validated. Key issues addressed include the procedural steps for encroachment removal and adherence to legal processes during survey and resolution of disputes.

Table of Content
1. petition for encroachment removal (Para 1)
2. final disposal at admission stage (Para 2 , 3)
3. representation and action by authorities (Para 5)
4. survey and legal due process (Para 6)
5. disposition of the petition without costs (Para 7)

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

The petitioner has filed the present Writ Petition seeking a direction to the respondents 1 to 4 to take necessary and immediate action upon considering the petitioner’s representation dated 16.02.2026, for removal of the alleged encroachment made by respondents 5 to 10 in Survey No.208/8A, classified as Anadheenam/Government poromboke land, situated at Kottaiyur Village, Thirumayam Taluk, Pudukkottai District.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3.Mr.J.Ashok, learned Additional Government Pleader accepts notice for the respondents 1 to 4. Considering the limited relief sought for by the petitioner, notice to the respondents 5 to 10 is dispensed with.

4.It is the contention of the petitioner that the respondents 5 to

10 have encroached upon the public road by putting up permanent residential constructions without any lawful title, patta, assignment, or permission from the competent authorities. In this regard, the petitioner submitted a representation dated 16.02.2026 before the authorities concerned. Since no action has been taken so far, the petitioner has filed the present Writ Petition.

5.The learned Additional Government Pleader appearing for respondents 1 to 4, on instructions, submitted that the petitioner’s representation dated 16.02.2026 would be considered and that the authorities concerned would conduct a survey of the land in question in the presence of all the parties concerned. He further submitted that appropriate action would be taken to remove the encroachment, if any.

6.In such view of the matter, the authorities concerned are directed to conduct a survey in the place in question, after issuing notice to the petitioner, the respondents 5 to 10, and all other parties concerned, if any, within a period of two weeks from the date of receipt of a copy of this order. If the survey reveals any encroachment, the authorities concerned shall take necessary action for the removal of such encroachment, after affording sufficient opportunity of personal hearing to all the parties concerned and by following due process of law, within a period of three months thereafter.

7.With the above directions, this Writ Petition is disposed of. No costs.

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