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2026 Supreme(Online)(Mad) 37009

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, G.Arul Murugan, J
A.Radhakrishnan – Appellant
Versus
The Vigilance Commissioner Secretariat, Chennai - 600 009 – Respondent
W.P.No.12275 of 2026



Advocates:
For the Petitioner(s): Mr.R.Marudhachalamurthy
For the Respondent(s):Mr.M.Habeeb Rahman Government Advocate for R19 to R22, R24

Mandamus issued for expeditious removal of encroachments on public Taluk Office land post statutory notices under Tamil Nadu Land Encroachment Act.

Headnote:Under Article 226 of the Constitution of India and Section 7 of the Tamil Nadu Land Encroachment Act, 1905, petitioner sought mandamus to remove encroachments on Taluk Office premises (Urban Survey No.6/1, 0.54510.0 hectares in Mettur Taluk). Court noted survey confirming seven encroachments with notices issued. Court directed expeditious removal post due process. Issues framed as directing removal of illegal encroachments on public land classified as Taluk Office premises. Ratio: Authorities must follow statutory notices under Section 7 before removal, acting expeditiously on confirmed encroachments. Writ petition disposed with direction to Tahsildar to remove encroachments within three months post due process.

Table of Content
1. writ petition seeks mandamus for encroachment removal. (Para 2)
2. survey confirms encroachments; notices under section 7 issued. (Para 3)
3. directs tahsildar to remove encroachments within three months. (Para 4)

2. This writ petition under Article 226 of the Constitution of India has been filed for issuance of a writ of mandamus directing the official respondents to remove the illegal encroachments made by respondent Nos.29 to 35 in Ward A, Block 43, Urban Survey No.6/1, measuring 0.54510.0 hectares, classified as Taluk Office premises in Mettur Taluk, Salem District.

3. Today when the matter is taken up for hearing, learned State counsel, on instructions, submitted that the Tahsildar, Mettur, has already conducted a survey and found seven encroachments in Survey No.6/1. He would submit that notices under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 were issued to the encroachers and, after following due process, they will remove the encroachments, as expeditiously as possible.

4. Taking note of the fact that notices under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 were issued to the encroachers and the statement that further action in accordance with law will be taken as early as possible, we dispose of the writ petition with a direction to the Tahsildar, Mettur (respondent No.22) to remove the encroachments, after following due process of law, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.

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