SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 26807

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Paramasivam – Appellant
Versus
The District Collector/ Monitoring Committee – Respondent
W.P(MD)No.2675 of 2026



Advocates:
For the Appellants/Petitioners: Mr.A.Karthick Kumar
For the Respondents: Mr.D.Sasi Kumar (R1 to R3), Mr.B.A.Muruganantham (R5)

Mandamus directs authorities to survey and remove public pathway encroachments after notice and hearing.

Headnote:The petitioner invoked Article 226 seeking mandamus to remove encroachment on public pathway in Ward A, Block 8, Town Survey No.6, Melur Town, following representation dated 29.12.2025. Adjacent landowner obstructed pathway with steel fence, hindering public access. Court directed survey and removal if encroachment found. Issue framed as directing authorities to consider representation and act on encroachment. Ratio: Authorities must conduct survey with notice to parties and remove verified encroachments after hearing, following due process. Writ petition disposed of with directions for survey within two weeks and action within three months if encroachment confirmed.

Table of Content
1. petition seeks mandamus for encroachment removal on public pathway. (Para 1 , 2)
2. respondents commit to survey and encroachment action. (Para 3)
3. court directs survey, hearing, and removal if encroachment found. (Para 4 , 5)

(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 remove the encroachment in the public pathway comprised in Ward ‘A’, Block 8, Town Survey No. 6, Melur Town, by considering the petitioner’s representation dated 29.12.2025.

2.It is the contention of the petitioner that the fifth respondent, being an adjacent landowner, has unlawfully encroached upon the public pathway by putting up a steel fence, thereby obstructing the free movement and access of the residents and the general public. In this regard, the petitioner submitted a representation dated 29.12.2025 before the competent authority. Since the same has not been considered thus far, the petitioner has filed the present writ petition.

3.The learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that the petitioner’s representation dated 29.12.2025 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.

4.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 fifth respondent 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.

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top