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2026 Supreme(Online)(Mad) 26808

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J
S.Jaisankar – Appellant
Versus
The District Collector / Mon – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners:
For the Respondents: learned Additional Government Pleader, learned standing counsel

Mandamus directs survey and due process for removing encroachments on public land.

Headnote:First Paragraph: No specific statutes cited. Petitioner alleges encroachments by private parties on public lane vested with municipal corporation, submitting representation dated 09.01.2026 for removal. Court finds authorities must consider representation, conduct survey, and act on findings. Second Paragraph: Issue framed as direction for encroachment removal on public land. Ratio: Survey required with notice to parties before action, ensuring due process and hearing. Third Paragraph: Writ petition disposed of with directions for survey within two weeks and removal within three months if encroachment found.

Table of Content
1. petition seeks removal of encroachments on public lane. (Para 1 , 2)
2. respondents agree to consider representation and survey. (Para 3)
3. court directs survey, hearing, and encroachment removal. (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 3 to remove the encroachments alleged to have been committed by respondents 4 to 6 in T.S. No. 16 and T.S. No. 47, Block I, Ward ‘P’ (Dharanallur), situated at Big Bazaar, Tiruchirappalli – 620 002.

2.It is the contention of the petitioner that the respondents 4 to 6 have encroached upon a public lane vested with the Tiruchirappalli City Municipal Corporation and have put up illegal constructions thereon. In this regard, the petitioner submitted a representation dated 09.01.2026 to 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 first respondent and the learned standing counsel appearing for the respondents 2 and 3 submitted that the petitioner’s representation dated 09.01.2026 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.

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 respondents 4 to 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.

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

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