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2026 Supreme(Online)(Mad) 35399
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, P.B.BALAJI, JJ
Amuthavalli – Appellant
Versus
The District Collector, Dindigul District, Dindigul – Respondent
W.P(MD)No.10405 of 2026
For the Appellants/Petitioners: Mr.A.Aruljenifer
For the Respondents: Mr.S.P.Maharajan (R1 & R2), Special Government Pleader
Mandamus directs survey and removal of encroachment on government poromboke pathway after due process.
Headnote:The petitioner sought a writ of mandamus under Article 226 of the Constitution of India to direct removal of encroachment on government poromboke land (SF No. 600/2) used as a pathway, following a representation dated 24.12.2025. The court noted the third respondent's fencing obstructing the pathway and the authorities' commitment to consider the representation. The court directed a survey and removal if encroachment found. Issue framed as directing authorities to address encroachment on public pathway. Ratio: Authorities must conduct survey with notice to parties and remove encroachment after hearing, following due process. Writ petition disposed of with directions; no order as to costs.
| Table of Content |
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| 1. petition seeks removal of pathway encroachment. (Para 1 , 2 , 3 , 4) |
| 2. direct survey and removal after hearing. (Para 5 , 6) |
The petitioner has filed the present Writ Petition seeking a direction to the respondents 1 and 2 to remove the encroachment made by the third respondent in Government poromboke land bearing S.F. No. 600/2, which is in existence as a pathway, by considering the petitioner’s representation dated 24.12.2025.
2.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.
3.Mr.S.P.Maharajan, learned Special Government Pleader, accepts notice for the respondents 1 and 2. Considering the limited relief sought for by the petitioner, notice to the third respondent is dispensed with.
4.It is the contention of the petitioner that the third respondent has made a blockade by fencing the same, as a consequence of which the pathway passing through the Government poromboke land has been obstructed. In this regard, the petitioner submitted a representation dated 24.12.2025 before the competent authority. Since the same has not been considered so far, the petitioner has filed the present Writ Petition.
5.The learned Special Government Pleader appearing for respondents 1 and 2, on instructions, submitted that the petitioner’s representation dated 24.12.2025 would be considered and that the authorities concerned would conduct a survey of the subject land in the presence of all the parties concerned. He further submitted that appropriate action would be taken to remove the encroachment, if any.
6.In such view of the matter, the authorities concerned are directed to conduct a survey of the subject property, after issuing notice to the petitioner, the third respondent, and all other parties concerned, 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 necessary action for removal of such encroachment, after affording sufficient opportunity of personal hearing to all the parties concerned and by following due process of law, within a period of three months thereafter.
7.With the above directions, this Writ Petition is disposed of.
