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2026 Supreme(Online)(Mad) 34750
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
M.K.Marimuthu – Appellant
Versus
The District Collector/Monitoring Committee, Dindigul District, Dindigul – Respondent
W.P(MD)No.11255 of 2026
For Petitioner: Mr.T.Leninkumar
For R1 to R3: Mr.S.P.Maharajan Special Government Pleader
Mandamus directs survey and removal of encroachments on public pathways after due process.
Headnote:Under Article 226 of the Constitution of India, petitioner sought mandamus to remove alleged encroachment on common pathway in specified survey numbers. Facts involve representations to authorities for removal of encroachment by private parties. Court directed official respondents to conduct survey and remove any confirmed encroachment. Issue framed as verification of encroachment on public pathway. Ratio: Authorities must survey alleged encroachments and remove them after due process and opportunity to parties. Writ petition disposed of with directions to complete survey and removal within three months.
| Table of Content |
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| 1. prayer for mandamus to remove pathway encroachment. (Para 1) |
| 2. government pleader assures survey and removal. (Para 2) |
6. Murugathal ... 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 1 to 4 to remove the encroachment made by the respondents 5 and 6 on the common pathway comprised in Survey No. 603/19 and 603/22 situated at Midappadi Village, Muthunaickenpatti Post, Palani Taluk, Dindigul District by considering the petitioner's representations dated 21.09.2024, 02.03.2026.
For Petitioner : Mr.T.Leninkumar For R1 to R3 : Mr.S.P.Maharajan Special 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 1 to 4 to remove the encroachment made by the respondents 5 and 6 on the common pathway comprised in Survey No.603/19 and 603/22 situated at Midappadi Village, Muthunaickenpatti Post, Palani Taluk, Dindigul District, by considering the petitioner's representations dated 21.09.2024 and 02.03.2026.
2. Learned Special Government Pleader appearing for the respondents 1 to 3 would submit that the official respondents 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 official respondents are directed to conduct survey and ascertain as to whether there is any encroachment in Survey No.603/19 and 603/22 situated at Midappadi Village, Muthunaickenpatti Post, Palani Taluk, Dindigul District, by the private respondents herein 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 three months from the date of receipt of a copy of this order.
