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2026 Supreme(Online)(Mad) 47580
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Srimathy, J
M. Ravi Poosari – Appellant
Versus
District Collector – Respondent
W.P.(MD)No.11362 of 2026
For the Appellants/Petitioners: L. Siva
For the Respondents: S. Shanmugavel, M. Sarangan
The High Court may issue a Writ of Mandamus directing administrative authorities to consider and dispose of a citizen's grievance regarding unauthorized land encroachment through a time-bound statutory inquiry process.
Headnote:The case involves a petition filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus to direct the removal of a road constructed on the petitioner's private patta land without acquisition or payment of compensation. The court examined the administrative delay in processing the petitioner's representation, which had been passed between various revenue and local body officials without a conclusive report. The court found it necessary to implead the responsible officer to ensure a time-bound resolution. The primary issue before the court was the appropriate mechanism for addressing an unauthorized encroachment upon private property by state agencies. The court reasoned that in the absence of a finalized administrative inquiry, the appropriate course of action is to direct the competent authorities to conduct a factual survey/report and evaluate the grievance on its merits in accordance with established law. The writ petition is disposed of with directions for the fifth respondent to file a report, and for the first respondent to pass a reasoned order on the petitioner's claim within the specified timeframe.
| Table of Content |
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| 1. petitioner asserts ownership of land encroached by the state. (Para 1 , 2) |
| 2. court directs officials to report and resolve land grievance. (Para 3 , 4 , 5) |
(R.5 is suo motu impleaded vide order of this Court dated 21.04.2026) ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to forthwith remove the road laid on the petitioner's patta land comprised in Survey No.289/4A, situated at Muthalaikulam Village, Usilampatti Taluk, Madurai District, and consequently restore the said land to its original condition within a time frame as may be fixed by this Court by considering the petitioner's representation dated 06.10.2025.
For Petitioner : Mr.L.Siva For Respondents : Mr.S.Shanmugavel Additional Government Pleader for R.1 to R.3 Mr.M.Sarangan Additional Government Pleader for R.4 & R.5
O R D E R
The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents to forthwith remove the road laid on the petitioner's patta land comprised in Survey No.289/4A, situated at Muthalaikulam Village, Usilampatti Taluk, Madurai District, and consequently restore the said land to its original condition by considering the petitioner's representation dated 06.10.2025.
2. The petitioner is claiming right over the land comprised in Survey No.289/4A, measuring an extent of 44 cents, situated at Muthalaikulam Village, Usilampatti Taluk, Madurai District. According to the petitioner, the respondents have laid a road through the said property without acquiring the land or paying any compensation. Aggrieved over the same, the petitioner seeks a direction for removal of the road and restoration of the property.
3. The learned Additional Government Pleader submitted that petitioner's application was received by the District Collector and the same is pending for a report from the Deputy Block Development Officer.
3. However, the petitioner submitted that upon receipt of the representation, the District Collector forwarded the same to the Revenue Divisional Officer, who in turn forwarded it to the Block Development Officer. Thereafter, the Block Development Officer forwarded the matter to the Deputy Block Development Officer and the same is pending with the Deputy Block Development Officer.
4. Since, the Deputy Block Development Officer is not a party in this writ petition, this Court, suo motu, impleads the Deputy Block Development Officer, Chellampatti Panchayat Union, Madurai District, as fifth respondent in this petition. The Deputy Block Development Officer is directed to submit a report to the Block Development Officer, within a period of two months from the date of receipt of a copy of this order. Thereafter, the Block Development Officer shall forward the report to the District Collector, within a period of one week therefrom. On receipt of the report, the District Collector shall consider the petitioner's claim on its own merits and in accordance with law and pass appropriate orders within a period of two months therefrom.
5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
