Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 47389

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, R.Poornima, JJ
Subramanian – Appellant
Versus
District Collector – Respondent
W.P.(MD)No.9669 of 2023

Advocates:
For the Appellants/Petitioners: K.Sathish Kumar
For the Respondents: M.P.Senthil, D.Boopal

The High Court may issue a Writ of Mandamus directing authorities to conduct a land survey and remove unauthorized encroachments on public land, such as cart tracks, following due process of law.

Headnote:This petition involves the enforcement of public right over property classified as 'cart track'. The petitioner sought a Writ of Mandamus to remove encroachments from a specific survey number. The court held that public land categorized as a cart track must be protected from unauthorized encroachment. The main issue pertains to whether the private respondents unlawfully encroached upon government-classified land. Relying on the mandate to maintain public access paths, the court reasoned that an official survey is required to determine the factual status of the land and, if encroachment is found, it must be cleared following due process. The writ petition is disposed of with a direction to the local administrative authority to conduct a survey and remove encroachments within three months.

Table of Content
1. nature of land and parties' contentions regarding encroachment. (Para 1 , 2 , 3)
2. court's directive for official survey and removal of encroachments. (Para 4)

(Order of the Court was delivered by G.R.Swaminathan, J.)

Heard both sides.

2.The petitioner is a resident of Reddimangudi Village. He states that Survey No.439/19 has been encroached upon by the private respondents.

3.It is not in dispute that Survey No.439/19 has been classified as “cart track”. The learned counsel for the private respondents claims that the respondents 4 and 5 have not committed any kind of encroachment.

4.We direct the third respondent to look into the representation of the petitioner. Survey shall be conducted. If there is any encroachment in Survey No.439/19, it shall be removed by following due process of law. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

5.This writ petition is disposed of accordingly. No costs.

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2026 Supreme(Online)(Mad) 47389

IN THE HIGH COURT OF JUDICATURE AT MADRASG.R.Swaminathan, R.Poornima, JJSubramanian – AppellantVersusDistrict Collector – RespondentW.P.(MD)No.9669 of 2023

The High Court may issue a Writ of Mandamus directing authorities to conduct a land survey and remove unauthorized encroachments on public land, such as cart tracks, following due process of law.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, R.Poornima, JJ
Subramanian – Appellant
Versus
District Collector – Respondent
W.P.(MD)No.9669 of 2023