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2026 Supreme(Online)(Mad) 29829
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Ganesan – Appellant
Versus
The District Collector, Collectorate, Sivagangai District – Respondent
W.P(MD)No.957 of 2026
For Petitioner: Mr.G.Vashik Ali
For Respondents: Mr.D.Sasi Kumar (R1 to R4), Mr.K.G.Arun Kumar (R5 to R7)
Mandamus directs authorities to survey and remove encroachments on public poramboke lands if found.
Headnote:Article 226 of the Constitution of India. Petitioner alleged encroachments on government poramboke lands classified as public roads (Survey Nos.137 and 146) by private respondents through unauthorized sheds obstructing public access. RTI information confirmed structures like thatched sheds. Authorities directed to act on representation dated 29.10.2025. Issues framed as inaction by revenue authorities despite representation, denial of encroachment by private respondents. Court observed limited scope of writ relief and submissions that notices issued for survey. Writ petition stands closed after directing competent authority to survey property and remove any encroachment found in accordance with law, affording opportunity to parties. No order as to costs.
| Table of Content |
|---|
| 1. alleged encroachments on public poramboke road lands. (Para 1 , 2 , 3 , 4 , 5) |
| 2. authorities' and respondents' counter-submissions. (Para 6 , 7) |
| 3. direct survey and lawful removal of encroachments. (Para 8) |
(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 initiate appropriate legal action for removal of the encroachment allegedly made by the respondents 5 to 7 in the Government poramboke lands comprised in Survey Nos.137 and 146, situated at Sakkottai Village, Karaikudi Taluk, Sivagangai District, by considering the petitioner’s representation dated 29.10.2025.
2.The grievance of the petitioner is that the lands comprised in Survey No.146, classified as Government poramboke road and street, and Survey No.137, classified as ‘Rastha’ (road), are public pathway lands.
3.It is alleged that the private respondents have encroached upon the said lands by putting up unauthorized sheds and converting them into private “mandrams”/community halls with walls and roofing, thereby obstructing free public access. The petitioner further apprehends that such structures are intended for caste-based usage, which may disturb communal harmony in the locality.
4.The petitioner submits that information obtained under the Right to Information Act confirms the existence of such structures, including thatched sheds known as “Kamandi Pottal Kovil” and “Bhajanai Madam” in the said survey lands.
5.The petitioner states that a representation dated 29.10.2025 was submitted to the respondents 1 to 4 seeking removal of the encroachments made by the respondents 5 to 7. However, no action has been taken so far. Hence, alleging inaction on the part of the authorities in removing the encroachments on public lands, the present Writ Petition has been filed.
6.The learned Additional Government Pleader appearing for respondents 1 to 4 submitted that notices have already been issued for surveying the subject land and that appropriate action will be taken by the competent authorities in accordance with law.
7.The learned counsel appearing for the respondents 5 to 7 submitted that the land in question is a common pathway and denied the allegation of encroachment.
8.In view of the above submissions and considering the limited scope of the relief sought for in the Writ Petition, we direct the competent authority to conduct a proper survey of the subject property and take appropriate action, if any encroachment is found, strictly in accordance with law, after affording due opportunity to all concerned parties.
9.With the above direction, this Writ Petition stands closed.
