Back
2026 Supreme(Online)(Mad) 26773
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, R.Poornima, JJ
P.Lakshmi – Appellant
Versus
The District Collector / cum District High Level Monitoring Committee, Trichy, Trichy District – Respondent
W.P(MD) No.13345 of 2024
For the Appellants/Petitioners: Mr.R.J.Karthick
For the Respondents: Mr.G.V.Vairam Santhosh, Additional Government Pleader for R1 to R5, Mr.P.Suruliraja for R6
Encroachment on government cart track to be removed with due process; patta if granted must be cancelled.
Headnote:The petitioner sought removal of encroachment on government poromboke cart track under Article 226. Relevant law includes Section 7 of the Land Encroachment Act and prohibition on granting patta for streets or cart tracks. Court found counter affidavit by Tahsildar confirming encroachment and prior notice issuance. Issue framed as directing removal of encroachment on cart track with due process. Ratio: Encroachment on cart track must be removed; patta, if granted, cancelled after notice; authorities to complete within four months. Writ petition disposed of with directions to third respondent for consequential action.
| Table of Content |
|---|
| 1. petitioner alleges encroachment on cart track, confirmed by tahsildar. (Para 1 , 2) |
| 2. direct removal of encroachment and cancel patta if granted. (Para 3) |
(Order of the Court was made by G.R.SWAMINATHAN, J.)
The writ petitioner is a resident of Thachankurichi Village. She alleges that the 6th respondent had committed encroachment on a cart track.
2. The counter affidavit filed by the Tahsildar, Lalgudi confirms this allegation. It is further stated that notice under Section 7 of the Land encroachment Act was already issued to the 6th respondent on
18/12/2025.
3. We direct the third respondent to take consequential action. If the authority is satisfied that a cart track has been encroached, it shall be removed by adopting due process of law. Patta cannot be granted in respect of a street or a cart track. If any such patta has been granted, it has to necessarily be cancelled after giving notice. The entire exercise shall be completed within a period of four months from the date of receipt of copy of this order.
