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2026 Supreme(Online)(Mad) 44974

MADURAI BENCH OF MADRAS HIGH COURT
N. Sathish Kumar, M. Jothiraman, JJ
S. Gokula Krishnan – Appellant
Versus
Tahsildar/Monitoring Committee, Ponnamaravathy Taluk – Respondent
W.P.(MD)No.26479 of 2025



Advocates:
For the Appellants/Petitioners: M. Prabhakaran
For the Respondents: A. Kannan

The court directed revenue authorities to conduct a survey of the disputed government land and remove any encroachment found, provided that due process of law is followed and all parties are given a personal hearing.

Headnote:(A) Writ of Mandamus - Encroachment on Government Land - Direction to authorities to consider representation and conduct survey - Authorities directed to survey the land and remove encroachment if found, following due process of law and providing a personal hearing.

Issues: Whether the respondents should be directed to remove the alleged encroachment on government land based on the petitioner's representation.

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 to remove the encroachment made by the fourth respondent in Natham Survey No.891/12 classified as Government Land which is used as road by considering the petitioner representation dated 01.06.2025.

For Petitioner : Mr.M.Prabhakaran

For R1 to R3 : Mr.A.Kannan, Additional Government Pleader.

ORDER

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

This writ petition has been filed seeking a direction to the respondents 1 to 3 to remove the encroachment made by the fourth respondent in Natham Survey No.891/12 classified as Government Land which is used as road by considering the petitioner representation dated 01.06.2025.

Mr.A.Kannan, learned Additional Government Pleader, accepts notice for the respondents 1 to 3. In view of the order proposed to be passed in this writ petition, notice to the fourth respondent is dispensed with.

By consent of both parties, this writ petition is taken up for final disposal at the time of admission itself.

The grievance of the petitioner is that the representation submitted by the petitioner to remove the encroachment made by the fourth respondent on the Government land, was not considered. Hence, the petitioner has filed this present writ petition.

The learned Additional Government Pleader appearing for respondents 1 to 3, on instructions, submitted that the petitioner's representation would be considered and that the authorities concerned would conduct a survey of the land in question in the presence of all the parties concerned. He further submitted that appropriate action would be taken to remove the encroachment, if any.

In such view of the matter, the authorities concerned are directed to conduct a survey in the place in question, after issuing notice to the petitioner, the fourth respondent and all other parties concerned, if any, within a period of two weeks from the date of receipt of a copy of this order. If the survey reveals any encroachment, the authorities concerned shall take necessary action for the removal of such encroachment, after affording sufficient opportunity of personal hearing to all the parties concerned and by following due process of law, within a period of three months thereafter.

With the above direction, this writ petition is disposed of. There shall be no order as to costs.

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