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2026 Supreme(Online)(Mad) 33014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
M.Vijayakumar – Appellant
Versus
The District Collector Officer/Monitoring Committee – Respondent
W.P(MD)No.9827 of 2026
For Petitioner: Mr.S.Varatharajan
For R1 to R6: Mr.J.Ashok Additional Government Pleader
For R7:Mr.K.Sanjay Gandhi Government Advocate (Crl.Side)
Court directs authorities to survey and remove illegal encroachment on government land after due process.
Headnote:Under Article 226 of the Constitution of India, the petitioner sought a writ of mandamus directing authorities to consider a representation and remove alleged illegal encroachment on government land in Survey No.89/37. The court noted the petitioner's claim of encroachment in Devar Street, Keela Managalakurichi Village. The court accepted the respondents' undertaking to conduct a survey and remove any encroachment found. The sole issue was whether to direct removal of the alleged encroachment. The court relied on the respondents' submission to survey the property and act accordingly, directing completion within six weeks after affording opportunity to affected parties. The writ petition was disposed of with directions to conduct survey and remove encroachment if found, by due process of law.
| Table of Content |
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| 1. prayer for mandamus to remove encroachment. (Para 1) |
| 2. direct survey and removal with opportunity. (Para 3) |
9. Vasanthi ... Respondents PRAYER :- Writ Petition filed under Article 226 of theConstitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to consider the representation dated 03.02.2026 and remove the illegal Encroachment in Survey No.89/37 in Devar Street, Keela Managalakurichi Village, Thoothukudi District. For Petitioner : Mr.S.Varatharajan For R1 to R6 : Mr.J.Ashok Additional Government Pleader For R7 : Mr.K.Sanjay Gandhi Government Advocate (Crl.Side) ORDER
(Judgment of the Court was made byN.SATHISH KUMAR, J.) The prayer in this writ petition is to issue a Writ of Mandamus, directing the respondent to consider the representation dated 03.02.2026 and remove the illegal encroachment in Survey No.89/37 in Devar Street, Keela Managalakurichi Village, Thoothukudi District. 2. Learned Additional Government Pleader appearing for the respondents 1 to 6 would submit that the respondents 1 to 6 will conduct survey and if there is any encroachment in the abovesaid survey number as alleged by the petitioner, the same will be removed by due process of law within a time frame.
3. Recording the said submission, the respondents 1 to 6 are directed to conduct survey and ascertain as to whether there is any encroachment in Survey No.89/37, Devar Street, Keela Managalakurichi Village, Thoothukudi District, 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 all other 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.
4. With the above direction, the Writ Petition is disposed of.
