Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 40260

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, B.PUGALENDHI, JJ
Rajaji M – Appellant
Versus
The District Collector – Respondent
W.P.(MD)No.10702 of 2026

Advocates:
For the Appellants/Petitioners: Mr.K.Sivabalan
For the Respondents: Mr.G.V.Vairam Santhosh, Additional Government Pleader for R-1 to R-4

Courts may direct public authorities to conduct survey and remove confirmed encroachments under the Tamil Nadu Land Encroachment Act.

Headnote:The writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus to remove encroachments in water channels and kanmai situated in survey nos. 6/2 and 22 of Pappankulam Village. The petitioner, a resident of the village, complained of encroachments. The Court directed the Tahsildar to conduct a survey by issuing notices to interested persons, and if encroachment is confirmed, action shall be taken under the Tamil Nadu Land Encroachment Act within four months. The Court framed the issue of encroachment and directed a factual determination through survey and subsequent enforcement proceedings under the Act. The Court held that the appropriate and lawful response to the petitioner's complaint is to verify the ground reality through a formal survey followed by removal of encroachment if established. This writ petition stands disposed of. No costs.

Table of Content
1. writ petition under article 226 of constitution of india. (Para 1)
2. dispensation of notice to private respondents. (Para 2)
3. petitioner complaining of encroachment in varied survey numbers. (Para 3)
4. survey numbers classified as "vari" and "kanmoi". (Para 4)
5. survey ordered and removal of encroachment directed. (Para 5)

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for respondents 1 to 4.

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

3. The writ petitioner is a resident of Papankulam Village in Thiruchuzhi Taluk. He complains that in the petition mentioned survey numbers, there are encroachments.

4. When the matter was taken up for hearing, the learned Special Government Pleader submitted that the petition mentioned survey numbers have been classified as “vari” and kanmoi”.

5. We direct the second respondent to conduct survey after issuing notice to all the interested persons including the petitioner herein. Once encroachment is confirmed, action will be taken under the Tamil Nadu Land Encroachment Act to have the same to be removed. 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. No costs.

Click Here to Read the rest of this document

2026 Supreme(Online)(Mad) 40260

IN THE HIGH COURT OF JUDICATURE AT MADRASG.R.SWAMINATHAN, B.PUGALENDHI, JJRajaji M – AppellantVersusThe District Collector – RespondentW.P.(MD)No.10702 of 2026

Courts may direct public authorities to conduct survey and remove confirmed encroachments under the Tamil Nadu Land Encroachment Act.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, B.PUGALENDHI, JJ
Rajaji M – Appellant
Versus
The District Collector – Respondent
W.P.(MD)No.10702 of 2026