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2026 Supreme(Online)(Mad) 31362

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Masilamani – Appellant
Versus
The District Collector, Dindigul District – Respondent
W.P.(MD)No.35866 of 2025



Advocates:
For the Appellants/Petitioners: Mr.D.Venkatesh
For the Respondents: Mr.S.P.Maharajan (R1 to R3), Special Government Pleader, Mr.K.Muthuganesa Pandian (R6)

Mandamus denied when encroachment proceedings already initiated; authorities directed to complete expeditiously with hearings.

Headnote:The petitioner invoked Article 226 seeking mandamus to remove encroachments on government land (Survey Nos. 319/320) under Land Encroachment Act provisions. Facts involve petitioner's representation dated 01.11.2025 regarding cart track encroachment by private respondents, unaddressed until writ filing. Court found proceedings already initiated with notice under Section 7 issued. Issue framed as need for direction given ongoing proceedings. Ratio: No further direction required as authorities have acted on representation; proceedings to be expedited with hearing opportunities (para 4). Writ petition disposed of with direction to complete proceedings within four months; no costs.

Table of Content
1. petition seeks removal of encroachment on cart track. (Para 1 , 2)
2. proceedings under land encroachment act initiated. (Para 3)
3. direct completion of proceedings with hearings; petition disposed. (Para 4)

7.Vadivel ...Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 to remove the encroachment made by the respondents 4 to 7 in Survey Nos. 319 and 320 situated at Periyammaptty Village, Palani Taluk, Dindigul District based on the representation dated 01.11.2025 within a time frame.

For Petitioner : Mr.D.Venkatesh For Respondents : Mr.S.P.Maharajan (R1 to R3)

Special Government Pleader Mr.K.Muthuganesa Pandian (R6)

No Appearance

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.)

This writ petition is filed seeking a direction to the respondents

1 to 3 to remove the encroachment made by the respondents 4 to 7 in Survey Nos.319 and 320 situated at Periyammaptty Village, Palani Taluk, Dindigul District based on the representation dated 01.11.2025 within a time frame.

2.The grievance of the petitioner is that the respondents 4 to 7 have encroached upon the cart track. In this regard, the petitioner has submitted a representation before the authorities concerned. Since the same has not been considered, the petitioner has filed the instant writ petition.

3.The learned Special Government Pleader appearing for the official respondents, on instructions, submitted that already proceedings under the provisions of the Land Encroachment Act has been initiated and notice under Section 7 of the Act has been issued to the fourth respondent.

4.Since the proceedings under the provisions of the Land Encroachment Act has already been initiated by the official respondents by considering the representation submitted by the petitioner, no further direction is required to be issued in this writ petition. However, the authorities shall complete the proceedings initiated under the provisions of the Land Encroachment Act, after affording an opportunity of hearing to the encroachers as well as the petitioner and any other parties, who are interested in the subject property, within a period of four months from the date of receipt of a copy of this order.

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