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2026 Supreme(Online)(Mad) 47173

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Sathish Kumar, M.Jothiraman, JJ
Anushya – Appellant
Versus
District Collector – Respondent
W.P(MD)No.14444 of 2026



Advocates:
For the Appellants/Petitioners: K.Gokul
For the Respondents: B.Saravanan, M.P.Senthil

State authorities are mandated to verify allegations of encroachment on public land through a survey and, if established, perform the removal strictly by due process of law within a specified timeframe.

Headnote:The petitioner filed a writ petition seeking a Writ of Mandamus to direct the authorities to remove encroachments on specific survey numbers in a village and panchayat under Article 226 of the Constitution of India, based on a previous representation. The Court considered the submissions of the State counsel ensuring that due process would be followed. The main issue was whether the respondents were required to act upon the petitioner's representation regarding alleged illegal encroachments. The Court held that the authorities have a duty to conduct a survey and if found genuine, remove encroachments strictly by following the due process of law and providing ample opportunity for those affected to be heard. The Writ Petition was disposed of with a direction to the official respondents to complete the survey and removal exercise within a period of three months.

Table of Content
1. requesting state action for removal of encroachments based on representations. (Para 1 , 2)
2. court mandate to conduct surveys and follow due process for encroachment removal. (Para 3 , 4)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02.06.2026 CORAM THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P(MD)No.14444 of 2026 R.Anushya ... Petitioner Vs.

1. The District Collector, Sivagangai District.

2. The District Revenue Officer, District Revenue Office, Sivagangai District.

3. The Revenue Divisional Officer, Revenue Divisional Office, Devakottai, Sivagangai District.

4. The Tahsildar, Tahsildar Office, Singampunari, Sivagangai District. ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1 to 4 respondents to remove the encroachment made in the survey Numbers 598/3, 598/23, 599/1 and 599/21 at Aalamarathu Street, S.V.Mangalam Village and Panchayat, Singampunari Taluk, Sivagangai District on the basis of the petitioner's representation dated 08.04.2026 within the stipulated time of period fixed by this High Court.

For Petitioner : Mr.K.Gokul For R1 to R4 : Mr.B.Saravanan, Senior Counsel, for Mr.M.P.Senthil, Counsel for Government of Tamilnadu

ORDER

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

The prayer in this writ petition is to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made in the Survey Nos. 598/3, 598/23, 599/1 and 599/21 at Aalamarathu Street, S.V.Mangalam Village and Panchayat, Singampunari Taluk, Sivagangai District, on the basis of the petitioner's representation dated 08.04.2026 within a time frame.

2. Learned counsel for Government of Tamilnadu would submit that the official respondents will conduct survey and if there is any encroachment in the public street located in the abovesaid survey number as alleged by the petitioner, the same will be removed by due process of law within a time frame.

3. Recording the said submission, the official respondents are directed to conduct survey and ascertain as to whether there is any encroachment in Survey Nos.598/3, 598/23, 599/1 and 599/21 at Aalamarathu Street, S.V.Mangalam Village and Panchayat, Singampunari Taluk, Sivagangai District, as alleged by the petitioner. If so, such encroachment shall be removed by due process of law after affording opportunity to the encroachers and all other parties concerned. Such an exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

4. With the above direction, the Writ Petition is disposed of. No costs.

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