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2026 Supreme(Online)(Mad) 32970

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
T.Ravikumar – Appellant
Versus
The District Collector, The District Collectorate, Ramanathapuram, Ramanathapuram District. – Respondent
W.P(MD)No.10041 of 2026



Advocates:
For the Appellants/Petitioners: Mr.V.Karthikraja for M/s.Ajmal Associates
For the Respondents: Mr.A.Kannan Additional Government Pleader, Mr.D.Sasikumar Additional Government Pleader

Authorities must survey and remove public land encroachments via due process within stipulated time.

Headnote:Under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, petitioner sought mandamus to remove alleged encroachment on public road in Survey No.286/2. Court noted prior notice issued and petitioner's representation. Authorities directed to survey and remove encroachment if found. Issue framed as directing removal of encroachment pursuant to notice under the Act. Court's reasoning emphasized due process, including opportunity to affected parties before removal. Writ petition disposed of with directions to complete survey and removal within six weeks.

Table of Content
1. prayer for mandamus to remove road encroachment. (Para 1)
2. government submits to survey and remove encroachment. (Para 2)
3. direct survey, remove encroachment with due process. (Para 3)

6. M.Ilayaraja ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents 2 to 4 herein to remove the encroachment made by the Respondents 5 and 6 in the public road comprised in Survey No.286/2 situated at Puthukadu A.Manakudi Village, R.S.Mangalam Panchayat Union, Thiruvadanai Taluk, Ramanathapuram District in pursuant to the notice dated 30.06.2020 under section 7 of Tamil Nadu Land Encroachment Act 1905 issued by the 2nd Respondent and consequently to restore and maintain the public road free for any further encroachment as per the petitioner's representation dated 26.02.2026 within the period that may be stipulated by this Honourable Court.

For Petitioner : Mr.V.Karthikraja for M/s.Ajmal Associates For R1 & R2 : Mr.A.Kannan Additional Government Pleader For R3 & R4 : Mr.D.Sasikumar Additional Government Pleader

ORDER

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

The prayer in this writ petition is to issue a Writ of Mandamus, directing the Respondents 2 to 4 herein to remove the encroachment made by the Respondents 5 and 6 in the public road comprised in Survey No.286/2 situated at Puthukadu A.Manakudi Village, R.S.Mangalam Panchayat Union, Thiruvadanai Taluk, Ramanathapuram District in pursuant to the notice dated 30.06.2020 under section 7 of Tamil Nadu Land Encroachment Act 1905 issued by the 2nd Respondent and consequently to restore and maintain the public road free for any further encroachment as per the petitioner's representation dated 26.02.2026 within a time frame.

2. Learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that the respondents 1 to 4 will conduct survey and if there is any encroachment in the abovesaid place as alleged by the petitioner, they will be removed by due process of law within a time frame.

3. Recording the said submission, the respondents 1 to 4 are directed to conduct survey and ascertain as to whether there is any encroachment in the subject place as alleged by the petitioner. If so, such encroachment shall be removed by due process of law after affording opportunity to the private respondents and parties concerned. Such an exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

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