S.Vishnudevi vs The District Collector, District Collector Office, Dindigul District.

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2026 Supreme(Online)(Mad) 33101

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
S.Vishnudevi – Appellant
Versus
The District Collector, District Collector Office, Dindigul District. – Respondent
W.P.(MD)No.6845 of 2026

Important Points

Court directs survey and removal of encroachments on public pathways by both parties following due process.

Subject

Civil - Writ Petition - Encroachment

Act Referred

Constitution of India: S.226

Headnote

Under Article 226 of the Constitution of India, petitioner sought mandamus to remove encroachment on a 20 feet common pathway as per revenue records and prior proceedings. Court noted counter-claims of petitioner's own encroachment on public street, supported by photographs. Directions issued for survey and removal if encroachment found. Issue framed as mutual encroachments on public pathways. Ratio: Both parties' actions scrutinized; authorities must verify and enforce removal per law, balancing claims with evidence. Writ petition disposed of with directions to fourth respondent for survey within two weeks and removal within two months if encroachment confirmed; no costs.

Advocates:
For the Appellants/Petitioners: Mr.S.Sivaprakash
For the Respondents:Mr.S.P.Maharajan Special Government Pleader, Mr.V.Sanjay Gandhi Government Advocate (Crl.side), Mr.Rahul Priyan

Table of Content
1. petition seeks removal of pathway encroachment per records. (Para 1)
2. counter-claim of petitioner's encroachment on public street. (Para 2 , 3)
3. direct survey and removal of encroachments; petition disposed. (Para 4 , 5)

The petitioner has filed the present writ petition seeking a direction directing the respondents 1 to 8 to enquire and remove the pathway encroachment in Pandian Nagar, Thevarappanpatti Village, Ayyampalayam Village Panchayath, Aathoor Union, Athoor Taluk, Dindigul District and secure the 20 feet common path way as per the revenue records, RTI reply given by the 7th respondent passed his proceedings in Na.Ka.No. 1937/2025/B2 dated 08.12.2025.

2. The learned counsel appearing for the 9th respondent submitted that a temporary shed had been put up and that the same has now been removed.

3. It has also been brought to the notice of this Court that the petitioner has encroached upon a public street, and photographs have been placed before this Court as evidence.

4. In view of the above, the fourth respondent is directed to conduct a survey in front of the petitioner’s house within a period of two weeks from the date of receipt of a copy of this order. If the survey reveals any encroachment, the fourth respondent shall remove the same by following due process of law within a period of two months thereafter.

5.With the above direction, this writ petition is disposed of. There shall be no order as to costs.