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2026 Supreme(Online)(Mad) 33373

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, P.B.BALAJI, JJ
Alagarsamy – Appellant
Versus
The District Collector, Pudukottai District, Pudukottai – Respondent
W.P(MD)No.10463 of 2026



Advocates:
For the Appellants/Petitioners: Mr.T.Vadivelan
For the Respondents: Mr.A.Kannan (R1 to R3), Additional Government Pleader

Mandamus directs survey and removal of encroachments on public pathways after notice and hearing.

Headnote:Under Article 226 of the Constitution of India, petitioner seeks mandamus to remove encroachments on government poromboke land (cart track) in Survey No. 231/2 (0.06.5 hectares) and Nilaviyal pathway in Survey Nos. 231/4D, 231/5A, 231/6A at Viruthapatti Village. Petitioner claims private parties constructed on public pathways, submitting representation dated 04.09.2025. Court notes representation remains unconsidered. Issue framed as directing authorities to address encroachment representation and conduct survey. Ratio: Authorities undertake to survey land with notice to parties and remove any encroachment after hearing, following due process. Writ petition disposed directing survey within two weeks and action within three months if encroachment found.

Table of Content
1. petition alleges encroachments on public pathways. (Para 1)
2. final disposal by consent, notice accepted. (Para 2 , 3)
3. authorities commit to consider representation. (Para 5)
4. direct survey, notice, hearing, remove if encroached. (Para 6)

The petitioner has filed the present Writ Petition seeking a direction to the respondents 1 to 3 to remove the encroachments made by the private respondents in Survey No. 231/2, to an extent of 0.06.5 hectares, classified as Government poromboke land (cart track), and in Survey Nos. 231/4D, 231/5A and 231/6A, to extents of 0.02.5, 0.05.0 and 0.16.5 hectares respectively, classified as “Nilaviyal pathway,” situated at Viruthapatti Village, Viralimalai Taluk, Pudukkottai District.

2.By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

3.Mr.A.Kannan, learned Additional Government Pleader, accepts notice for the respondents 1 to 3. Considering the limited relief sought for by the petitioner, notice to the respondents 4 to 6 is dispensed with. 4.It is the contention of the petitioner that the respondents 4 to 6 have encroached upon the public common pathway and put up constructions. In this regard, the petitioner submitted a representation dated 04.09.2025 before the authorities concerned. Since the same has not been considered so far, the petitioner has filed the present Writ Petition.

5.The learned Additional Government Pleader appearing for the respondents 1 to 3, on instructions, submitted that the petitioner’s representation dated 04.09.2025 would be considered and that the authorities concerned would conduct a survey of the land in question in the presence of all parties concerned. He further submitted that appropriate action would be taken to remove the encroachment, if any.

6.In view of the above, the authorities concerned are directed to conduct a survey of the subject property, after issuing notice to the petitioner, the respondents 4 to 6 and all other necessary parties, if any, within a period of two weeks from the date of receipt of a copy of this order. If the survey reveals any encroachment, the authorities concerned shall take appropriate action for removal of the same, after affording sufficient opportunity of personal hearing to all parties concerned and by following due process of law, within a period of three months thereafter.

7.With the above directions, the Writ Petition stands disposed of.

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