SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 39206

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, R.Poornima, JJ
Nagarajan – Appellant
Versus
District Collector, Ramanathapuram District, Ramanathapuram – Respondent
W.P(MD)No.11507 of 2024 | W.M.P(MD)No.10252 of 2024



Advocates:
For Petitioner: Mr.M.Dinesh Hari Sudarsan
For Respondents:Mr.S.Vinodh Government Advocate

Court directs removal of encroachments based on prior report, mandating notices and hearing for fairness.

Headnote:The petitioner filed a writ petition under Article 226 of the Constitution seeking a mandamus to remove encroachments on government land in Survey No.375, 3rd Street, Senthamil Nagar, Paramakudi Taluk. Court noted the Tahsildar's report dated 21.03.2023 confirming encroachments prima facie. Court directed action without re-determining the issue already addressed by the Tahsildar. Issue framed as whether to direct removal of encroachments based on existing report. Ratio: Observations tentative and prima facie, requiring notices to encroachers and hearing before final action, to avoid foreclosing defence. Writ petition disposed directing second respondent to complete removal exercise within four months.

Table of Content
1. petitioner alleges encroachments on survey no.375. (Para 2)
2. direct sub-collector to remove encroachments after notices. (Para 4)

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

Heard both sides.

2.The writ petitioner is a resident of Senthamil Nagar, Paramakudi.

He alleges that in Survey No.375, there are encroachments. He wants the same to be removed.

3.The learned counsel draws our attention to the report dated

21.03.2023 submitted by the Tahsildar, Paramakudi. We are prima facie satisfied that there are encroachments. Since the Tahsildar appears to have already determined the issue, it would not be proper on our part to once again direct them to take action.

4.We therefore direct the second respondent to take action as per law to have the encroachments removed. Notices will have to be issued to all the necessary parties. We make it clear that since the alleged encroachers have not been heard, any observation made in this order shall be treated as tentative and prima facie in nature and shall not have the effect of foreclosing their defence. 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 disposed of accordingly. No costs.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top