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2026 Supreme(Online)(Mad) 38733
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Paramasivam – Appellant
Versus
District Collector – Respondent
W.P.(MD)No.10704 of 2026
For the Appellants/Petitioners: Mr.K.Arunraj
For the Respondents: Mr.J.Ashok (R1 to R3), Additional Government Pleader
Mandamus issued directing survey and removal of encroachment if found, following due process.
Headnote:Filed under Article 226 of the Constitution of India seeking mandamus to direct authorities to remove encroachment in Survey No.395/7 at Attalpatti Village based on representation dated 08.07.2022. Petitioner alleged encroachment by private respondent on pathway; authorities directed to consider representations. Court finds representations pending consideration and directs survey. Issue framed as direction to remove encroachment post-survey. Ratio: Authorities must conduct survey in presence of parties and remove encroachment if found, after hearing, within timelines. Writ petition disposed of with directions; no order as to costs.
| Table of Content |
|---|
| 1. petition seeks removal of encroachment on pathway. (Para 1 , 4) |
| 2. consent disposal; authorities to consider representations. (Para 2 , 3 , 5) |
| 3. direct survey and remove encroachment if found. (Para 6) |
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)No.10704 of 2026 Paramasivam ... Petitioner Vs.
1. The District Collector, District Collectorate, Trichy District.
2.The Revenue Divisional Officer, Musiri Revenue Divisional Office, Musiri, Trichy District.
3.The Tahsildar /Monetary Committee, Musiri Taluk Office, Musiri, Trichy District.
4.The Block Development Officer, Thapettai, Trichy District.
5.Sivakumar ...Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 4 to remove the encroachment made by the fifth respondent in Survey No.
395/7, 'O' is situated at Attalpatti Village, M.Pudupatti West Revenue Village, Musiri Taluk and Trichy District based on the petitioner representation dated 08.07.2022.
For Petitioner : Mr.K.Arunraj For Respondents : Mr.J.Ashok (R1 to R3)
Additional Government Pleader
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.)
The petitioner has filed this writ petition seeking a direction to respondents 1 to 4 to remove the encroachment made by the fifth respondent in Survey No.395/7, 'O' is situated at Attalpatti Village, M.Pudupatti West Revenue Village, Musiri Taluk and Trichy District based on the petitioner representation dated 08.07.2022.
2.Mr.J.Ashok, learned Additional Government Pleader, accepts notice for the respondents 1 to 3. In view of the order proposed to be passed in this writ petition, notice to the private respondent is dispensed with.
3.By consent of both parties, this writ petition is taken up for final disposal at the time of admission itself.
4.The grievance of the petitioner is that the representations submitted by the petitioner to remove the encroachment made by the fifth respondent in the pathway, were not considered. Hence, the petitioner has filed this present writ petition.
5.The learned Special Government Pleader appearing for respondents 1 to 3, on instructions, submitted that the petitioner's representations would be considered and that the authorities concerned would conduct a survey of the land in question 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 in the place in question, after issuing notice to the petitioner, the fifth 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 the 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 direction, this writ petition is disposed of.
