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2026 Supreme(Online)(Mad) 37603

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, K.Surender, JJ
K.Natarajan – Appellant
Versus
District Collector – Respondent


Advocates:
For the Appellants/Petitioners: Mr.V.R.Appaswamee
For the Respondents: Mr.T.Arunkumar, Addl.Govt.Pleader for R1 to R3 & R5, Mr.T.Mohan Raju for R6

Table of Content
1. prayer for removal of encroachment on classified pathway. (Para 1)
2. public pathway confirmed; removable under rso 26(15). (Para 2)
3. civil suit doubted; direct enforcement within 12 weeks. (Para 3 , 4)

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 6th 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. Reve

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