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2026 Supreme(Online)(Mad) 25805

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Manimarkandan – Appellant
Versus
The District Collector, Ramanathapuram District, Ramanathapuram – Respondent
W.P.(MD)No.8223 of 2026



Advocates:
For the Appellants/Petitioners: Mr.P.Muthukumar
For the Respondents: Mr.J.Ashok Additional Government Pleader

Mandamus directs survey and removal of encroachments on public land after notice and hearing.

Headnote:Under Article 226 of the Constitution of India, the petitioner sought a writ of mandamus directing authorities to remove encroachments on public street in Survey No.387/1, Pasumpon village, based on representations dated 09.02.2026 and 03.03.2026. The court noted the authorities' assurance to consider the representations and conduct a survey. The court directed survey and removal if encroachments found. The main issue was whether authorities should act on the petitioner's complaint regarding encroachments on natham poramboke land. The ratio decidendi emphasized conducting a survey with notice to parties and removal of encroachments after hearing, following due process. The writ petition was disposed of with directions for survey within two weeks and action within three months if encroachments confirmed.

Table of Content
1. petition seeks removal of encroachments on public street. (Para 1 , 4)
2. authorities assure survey and action on representations. (Para 2 , 3 , 5)
3. direct survey, hearing, and encroachment removal if found. (Para 6)

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

The petitioner has filed this writ petition seeking a direction to the Respondents 1 to 4 to remove the encroachments made by the 5th and 6th respondents in the public street namely Middle Street situated in Survey No.387/1 of Pasumpon village, Kamuthi Taluk, Ramanathapuram District by considering the petitioner's representation dated 09.02.2026 and 03.03.2026.

2.Mr.J.Ashok, learned Additional Government Pleader, accepts notice for the respondents 1 to r. In view of the order proposed to be passed in this writ petition, notice to the respondents 5 & 6 is dispensed with.

3.By consent of both parties, this writ petition is taken up for final disposal at the time of admission itself.

4.The grievance of the petitioner is that the representation submitted by the petitioner to remove the encroachment made by the respondents 5 & 6 have encroached on the natham poramboke land, were not considered. Hence, the petitioner has filed this present writ petition.

5.The learned Additional Government Pleader appearing for respondents 1 to 4, on instructions, submitted that the petitioner's representation 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 & 6 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 direction, this writ petition is disposed of.

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