Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 39158

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R. Swaminathan, R. Poornima, JJ
Samuvelraj – Appellant
Versus
District Collector, Virudhunagar District, Virudhunagar – Respondent
W.P(MD)No.431 of 2022

Advocates:
For the Appellants/Petitioners: Mr.A.Jayaramachandran
For the Respondents: Mr.G.V.Vairam Santhosh Additional Government Pleader for R.1 & R.2

Mandamus issued to remove encroachments from public pathway via due process after verification.

Headnote:The petitioner filed a writ petition under Article 226 of the Constitution alleging encroachments on public pathways in specified survey numbers by private respondents. The court noted the government's confirmation classifying the land as public pathway. The court directed issuance of notices and removal of encroachments if found, within four months. The primary issue was whether encroachments existed on the public pathway and required removal. The ratio decidendi is that authorities must verify encroachments on public pathways through due process upon receiving complaints. The writ petition is allowed directing the Tahsildar to remove encroachments adhering to due process of law within four months.

Table of Content
1. petitioner alleges encroachments on public pathway. (Para 1 , 2 , 3)
2. direct notices and remove encroachments via due process. (Para 4)

(Order of the Court was made by G.R.Swaminathan J.)

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 2.

2.The petitioner is a resident of Kottaipati. He alleges that in the petition mentioned survey numbers, there are encroachments.

3.The learned Additional Government Pleader on instructions, states that the petition mentioned survey numbers have been classified as “public pathway”.

4.We direct the second respondent to issue notices to all the interested persons including the private respondents herein. If the second respondent is satisfied that in the petition-mentioned public pathway there are encroachments, the same shall be removed by adhering to due process of law. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

5.This Writ Petition is allowed accordingly. No costs.

Click Here to Read the rest of this document

2026 Supreme(Online)(Mad) 39158

IN THE HIGH COURT OF JUDICATURE AT MADRASG.R. Swaminathan, R. Poornima, JJSamuvelraj – AppellantVersusDistrict Collector, Virudhunagar District, Virudhunagar – RespondentW.P(MD)No.431 of 2022

Mandamus issued to remove encroachments from public pathway via due process after verification.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R. Swaminathan, R. Poornima, JJ
Samuvelraj – Appellant
Versus
District Collector, Virudhunagar District, Virudhunagar – Respondent
W.P(MD)No.431 of 2022