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2026 Supreme(Online)(Mad) 40612
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R. Swaminathan, B. Pugalendhi, JJ
Krishnan – Appellant
Versus
The District Collector, Tirunelveli District, Kokkirakulam, Tirunelveli – Respondent
W.P.(MD) No.10698 of 2026
For the Appellants/Petitioners: Mr.T.Selvan
For the Respondents:Mr.S.Vinodh, Government Advocate
When encroachments are identified on government land, authorities must remove them following due process of law within a stipulated time.
Headnote:The petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing removal of encroachments from survey No.6/1 of Sethurayanputhur Village classified as an “odai”. The Court found encroachments in the area and directed the second respondent to issue notice to private respondents, conduct a survey, and remove encroachments following due process of law. The Court directed completion of the entire exercise within a specified time. The main legal issue concerned whether a direction should be issued to remove encroachments from a Government ‘odai’ land. The Court held that upon identification of encroachments, appropriate steps must be taken to remove them in accordance with due process. The writ petition is disposed of with a direction to the second respondent to complete the exercise within four months.
| Table of Content |
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| 1. introduction to the writ petition and facts of the case. (Para 1 , 2 , 3) |
| 2. court's direction to remove encroachments. (Para 4 , 5) |
O R D E R
Heard the learned counsel appearing for the writ petitioner and the learned Government Advocate appearing for the respondents
1 and 2.
2. Issuance of notice to the respondents 3 to 5 is dispensed with.
3. The petitioner is a resident of Manur Taluk. He alleges that in survey No.6/1 of Sethurayanputhur Village, there are encroachments. To have the same removed, this writ petition has been filed.
4. When the matter was taken up for hearing, the learned Government Advocate conceded that survey No.6/1 has been classified as “odai”. We also had a look at the “A” Register extract.
5. The second respondent is directed to issue notice to the private respondents and other encroachers if any, conduct survey and if the encroachments are noticed, then by adhering to due process of law, the encroachments shall be removed. The entire exercise will 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. No costs.
