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2026 Supreme(Online)(Mad) 44406

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, M. Jothiraman, JJ
Paramasivam – Appellant
Versus
District Collector – Respondent
W.P.(MD)No.23890 of 2025



Advocates:
For the Appellants/Petitioners: S. Saravanan
For the Respondents: J. Ashok, AN. Ramanathan, L. Prabakaran

Official authorities must determine encroachment removal proceedings while factoring in pending applications for land reclassification, ensuring actions are in accordance with law following the resolution of revenue record disputes.

Headnote:This petition filed under Art. 226 of the Constitution of India seeks a Mandamus to remove alleged encroachments on government land and demolish unauthorized constructions. The petitioner alleges official inaction regarding representations citing encroachment on public street property. The core issue is whether the court should compel the removal of structures while a parallel proceeding for reclassification of the land by the private party is pending. The court reasoned that official actions regarding encroachment must be integrated with the outcome of pending revenue record reclassification proceedings. The writ petition stands disposed of with directions to the authorities to decide the matter in accordance with law following the outcome of the reclassification proceedings.

Table of Content
1. petitioner seeks removal of encroachment on public land. (Para 1 , 2)
2. court directs authorities to coordinate encroachment review with pending land reclassification processes. (Para 3 , 4 , 5 , 6)

(Order of the Court was made by N.SATHISH KUMAR, J.)

This writ petition has been filed seeking a direction to the official respondents to take action for removal of the alleged encroachment said to have been made by the private respondents in the Government land.

2.According to the petitioner, the private respondents have unlawfully encroached upon Government property and despite submission of representations, no effective action has been taken by the authorities. Hence, the present writ petition has been filed.

3.The learned counsel appearing for the private respondents, on instructions, submitted that the sixth respondent is none other than the brother-in-law of the petitioner and that the present writ petition has been filed due to certain family disputes between the parties.

4.The learned Additional Government Pleader appearing for the official respondents submitted that the authorities had already initiated proceedings for removal of encroachment. However, the private respondent has filed a writ petition seeking reclassification of the land and this Court in W.P.(MD)No.4934 of 2026 had directed the authorities to consider the representation submitted by the private respondent seeking making necessary corrections in the revenue records. It is further submitted that the authorities would consider the said representation and depending upon the outcome of the proceedings relating to reclassification, further action would be taken strictly in accordance with law.

5.Recording the above submission made by the learned Government Pleader, this Court directs the official respondents to consider the representation submitted by the private respondent and pass appropriate orders, taking into account the outcome of the proceedings relating to reclassification of the land, and thereafter proceed further in accordance with law. Such exercise shall be completed within a reasonable period.

6.With the above direction, this writ petition stands disposed of. No costs.

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