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2026 Supreme(Online)(Mad) 26150
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Govindan – Appellant
Versus
The District Collector/Monitoring committee, Virudhunagar, Virudhunagar District – Respondent
W.P.(MD)No.8760 of 2026
For the Appellants/Petitioners: Ms.Jagadeeshwaran
For the Respondents: Mr.J.Ashok (R1 to R4), Additional Government Pleader
Mandamus issued directing survey and removal of encroachment on public street after notice and due process.
Headnote:Filed under Article 226 of the Constitution of India seeking mandamus to direct authorities to remove encroachment on public street road in specified survey number based on petitioner's representation. Court noted grievance of non-consideration of representation and government's submission to conduct survey and take action if encroachment found. Authorities directed to survey land after notice and remove encroachment if confirmed, following due process. Issue framed as direction for removal of illegal encroachment on public street. Ratio: Court accepted undertaking for survey in presence of parties and action per law, emphasizing procedural fairness with notice and hearing. Writ petition disposed of with directions; no order as to costs.
Act Referred
| Table of Content |
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| 1. petition seeks removal of encroachment on public street. (Para 1 , 4) |
| 2. notice accepted; matter taken for final disposal by consent. (Para 2 , 3 , 5) |
| 3. direct survey after notice; remove encroachment if found with hearing. (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 and 2 to remove the illegal encroachment made on the public street road in Survey No.788/4, Selvan Puthiyavanur, Sendhamangalam Village, Thiruchendur Taluk, Thoothukudi District based on the petitioner's representation dated 05.01.2026 within a stipulated time frame as may be fixed by this Court.
2.Mr.J.Ashok, learned Additional Government Pleader, accepts notice for the respondents 1 to 4. In view of the order proposed to be passed in this writ petition, notice to the fifth respondents 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 fifth respondent in the public street, was 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 second and third respondents 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.
