Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 40247

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R. Swaminathan, B. Pugalendhi, JJ
Chella Baskar – Appellant
Versus
The District Collector – Respondent
W.P.(MD)No.10243 of 2026

Advocates:
For the Appellants/Petitioners: Mr.R.Murugan
For the Respondents:Mr.S.Vinodh, Government Advocate for R-1 to R-5

Before removing encroachments on government land, authorities must conduct survey and give fair opportunity to alleged encroachers.

Headnote:The petitioner sought a writ of mandamus directing the authorities to remove encroachments from government poramboke water body land. The Court examined the village "A" Register extracts showing that only Survey No.387B/1 was classified as "odai" (water body) while other sub-divisions were patta lands. Though the Court observed that encroachment on government land requires action, it directed the fourth respondent to conduct a proper survey after issuing notice to interested persons. The Court further directed that alleged encroachers be given fair opportunity before any removal action is taken. The primary issue framed by the Court was whether encroachments existed on the water body portion of theSurvey No.387/B. The ratio decidendi is that before removing alleged encroachments, authorities must conduct survey, issue notices to interested parties, and provide fair opportunity. The writ petition is disposed of directing the fourth respondent to conduct survey within four months and take appropriate action as per law if encroachments are found. No costs awarded.

Table of Content
1. writ admission and parties' stand (Para 1 , 2 , 3)
2. examination of a register extracts (Para 4)
3. direction for survey and due process (Para 5)

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Government Advocate appearing for the official respondents.

2. Issuance of notice to the private respondents is dispensed with.

3. The petitioner is a resident of Desigapuram in Rajapalayam Taluk. He alleges that in survey No.387/B, there are encroachments and that the same have to be removed.

4. The learned Government Advocate has drawn our attention to the relevant extracts in the “A” Register of Karisathan Village in Thiruvenkadam Taluk. It is seen there from that survey No.387B/1 alone measuring an extent of 1.08.00 hectares has been classified as “odai( water body). Survey No.387B/2, survey No.387B/3 and survey No.387B/4 are patta lands.

5. We, therefore, direct the fourth respondent to conduct survey in respect of survey No.387B/1 after issuing notice to all the interested persons. If encroachments are noticed, necessary action will be taken for removing the same as per law. Notices will have to be given to all the alleged encroachers. They should also be given fair opportunity to place their case. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.This writ petition stands disposed of accordingly.

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2026 Supreme(Online)(Mad) 40247

IN THE HIGH COURT OF JUDICATURE AT MADRASG.R. Swaminathan, B. Pugalendhi, JJChella Baskar – AppellantVersusThe District Collector – RespondentW.P.(MD)No.10243 of 2026

Before removing encroachments on government land, authorities must conduct survey and give fair opportunity to alleged encroachers.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R. Swaminathan, B. Pugalendhi, JJ
Chella Baskar – Appellant
Versus
The District Collector – Respondent
W.P.(MD)No.10243 of 2026