Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 34636

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.SURENDER, JJ
S.Saranya – Appellant
Versus
The District Collector, Salem District, Salem – 636 001. – Respondent
W.P.No.31230 of 2022

Advocates:
For the Appellants/Petitioners: Mr.S.Jayaprakash
For the Respondents: Mr.T.Arun Kumar, Mr.M.Arvind Kumar

The court upheld that administrative findings are authoritative unless clear evidence of encroachment is presented, leading to the dismissal of the writ petition.

Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - Encroachment on public road - Petitioner sought removal of encroachment on a public road by respondents. Authorities reported no evidence of encroachment after inspection. Writ petition dismissed. (Paras 1 and 2)

(B) The courts are not to interfere in administrative decisions without prima facie evidence of encroachment.

Findings of Court:
The petitioner's assertion regarding encroachment was unsupported by the authorities’ findings.

Issues: The main issue was whether there was indeed encroachment on the public road as claimed by the petitioner.

Ratio Decidendi: The court confirmed that administrative bodies’ findings should be respected absent compelling evidence of encroachment.

Result: Writ petition dismissed.

Table of Content
1. petition filed for writ of mandamus regarding encroachment. (Para 1)
2. no encroachment found during survey; petition dismissed. (Para 2)

9. M.Nalini, W/o.P.C.Raman ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3^rd respondent to remove encroachment of Arch being made by the respondents 5 to 9 on public road belong to Thalavaipatti village Panchayat in Aishwaryam Garden, Thalavaipatty, Salem District and keep the road for public use forever based on petitioner’s representation dated 17.08.2022.

For Petitioner : Mr.S.Jayaprakash For Respondents : Mr.T.Arun Kumar Additional Government Pleader [R1 to R4]

Mr.M.Arvind Kumar [R5 to R9]

Order

[Order of the Court was made by S.M.SUBRAMANIAM, J.] This writ petition has been filed to direct the 3^rd respondent to remove encroachment of Arch being made by the respondents 5 to 9 on public road belong to Thalavaipatti village Panchayat in Aishwaryam Garden, Thalavaipatty, Salem District and keep the road for public use forever based on petitioner’s representation dated 17.08.2022.

2. The learned Additional Government Pleader appearing for the respondents 1 to 4, based on the written instructions given by the Tahsildar, Salem West would submit that, during the course of survey, the authorities have not identified any encroachment as stated by the petitioner in the present writ petition.

Thus, the present writ petition stands dismissed. No costs.

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2026 Supreme(Online)(Mad) 34636

IN THE HIGH COURT OF JUDICATURE AT MADRASS.M.SUBRAMANIAM, K.SURENDER, JJS.Saranya – AppellantVersusThe District Collector, Salem District, Salem – 636 001. – RespondentW.P.No.31230 of 2022

The court upheld that administrative findings are authoritative unless clear evidence of encroachment is presented, leading to the dismissal of the writ petition.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.SURENDER, JJ
S.Saranya – Appellant
Versus
The District Collector, Salem District, Salem – 636 001. – Respondent
W.P.No.31230 of 2022