Plan-marked pathways on patta land are government property removable under Land Encroachment Act via RSO 26(15).

To direct the respondents 1 to 5 to take necessary steps to remove the illegal encroachment made by the 6th respondent herein namely Periyasamy S/o. Ganesan in survey No. 16/6B of Kumarapalayam Village Vazhapadi Taluk, Salem district which is classified as pathway in the revenue records and FMB sketch by considering the petitioners representation dated 10.07.2025 and pass.

WP No. 35898 of 2025 For Petitioner(s): Mr.V.R.Appaswamee For Respondent(s): Mr.T.Arunkumar, Addl.Govt.Pleader for R1 to R3 & R5 No appearance for r4 Mr.T.Mohan Raju for R6

Order

(Order of the Court was made by S.M.Subramaniam J.)

Writ of Mandamus has been instituted to direct the respondents 1 to 5 to take necessary steps to remove the illegal encroachments made by the 6^th respondent namely Periyasamy, S/o. Ganesan, in survey No. 16/6B of Kumarapalayam Village, Vazhapadi Taluk, Salem District, which is classified as pathway in the revenue records and FMB sketch by considering the petitioner’s representation dated 10.07.2025.

2. The Status report filed by the Tahsildar, Vazhapadi Taluk, would show that inspection and survey has been conducted. The authorities found that the public residing around this patta land, pathway detailed mark use it as pathway for the past several years to go to nearer Mayanam (Burial Ground) through S.No.16/6B. The land owner Perisamy/6th respondent has put a steel gate in the detailed marked as pathway. Thus, the public in that locality raised objection and made a complaint for removal of encroachments. Revenue Standing Order 26(15) in clear terms stipulate that encroachments of plan marked details and it states that a plan marked channel or pathway running a patta land is a government land. Therefore, the government authorities are competent to invoke the provisions of Land Encroachment Act for removal of encroachments and obstructions in plan marked details as pathway. The power to the authorities are conferred to invoke Act III of 1905 is provided under RSO 26 itself. Thus, the authority competent has to remove the encroachments in the plan marked in respect of nelavial paathai and made the said pathway for public use. Any obstruction made by any person is to be removed by following the procedures as contemplated under the Tamil Nadu Land Encroachment Act.

3. Learned counsel for the 6^th respondent would submit that a Civil Suit has been filed before the Civil Court. However, we are in doubt regarding the maintainability of the civil suit in view of Section 14 of the Tamil Nadu Land Encroachment Act, 1905.

4. In the present case, the enforcement action has already been initiated. Thus, the official respondents shall proceed with the enforcement action by following the procedures and ensure that public pathway is free from any encroachments and put for public usage. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order. The Writ Petition is disposed of accordingly. No costs. Consequently, W.M.P.No.40152 of 2025 is closed and W.M.P.No.40150 of