PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to remove the encroachments made by the fourth and fifth respondents in public pathway in survey No.226/67 and 226/16, in U.Maripatti Village, Uthappa Naickanur Post, Usilampatti based on the representation given by the entire villagers dated 29.07.2025.

For Petitioner : Mr.J.Jeyakumaran

For R1 to R3 : Mr.B.Saravanan

Senior Counsel

for Mr.M.P.Senthil

Counsel for Government of Tamilnadu

For R5 : Mr.M.Divakaran

ORDER

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

The writ petition has been filed seeking a direction to respondents 1 to 3 to remove the encroachments made by respondents 4 and 5 in a public pathway in Survey Nos.226/67 and 226/16 at U. Maripatti Village, Uthappa Naickanur Post, Usilampatti, based on the representation submitted by the villagers dated 29.07.2025.

2.The case of the petitioner is that Survey Nos. 226/16 and 226/67 situated at Maripatti, Uthappa Naickanur Village, constitute Government poramboke land, and that the Village Panchayat had laid a road in the said land for easy access to the village. It is further stated that respondents 4 and 5 have encroached upon the said land and put up a tin shed, thereby blocking the pathway. In this regard, the villagers submitted several representations dated 28.02.2024, 06.05.2024, 13.05.2024, 10.06.2024, and 29.07.2025 to the official respondents requesting appropriate action against the encroachers. Since no action was taken, the present writ petition has been filed.

3.The learned counsel for the State of Tamil Nadu appearing for respondents 1 to 4, on instructions, submitted that the petitioners’ representations dated 28.02.2024, 06.05.2024, 13.05.2024, 10.06.2024, and 29.07.2025 would be considered and that the authorities concerned would conduct a survey of the land in question in the presence of all parties concerned. It was further submitted that appropriate action would be taken to remove the encroachment, if any.

4.In such view of the matter, the authorities concerned are directed to conduct a survey of the front and back side of Survey No. 226/67 situated at Maripatti, Uthappa Naickanur Village, after issuing notice to the petitioner, respondents 4 and 5, 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 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.

5.With the above directions, the writ petition is disposed of. No costs.