Table of Content
1. petitioner seeks removal of illegal encroachments on land reserved for railway purposes. (Para 1 , 2)
2. revenue authorities identified encroachments, but railways denied noc for regularization. (Para 3 , 4)
3. directs the railway department to remove encroachments within a specified timeframe. (Para 5 , 6)

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to take immediate and effective steps to remove the illegal encroachments made by the respondents 4 to 10 in Survey Nos.160, 161/1 and 161/3 of Mayanur Village, Krishnarayapuram Taluk, Karur District and to restore the said lands to their original condition forthwith within a time frame as may be fixed by this Court.

For Petitioner : Mr.A.N.Ramanathan

For Respondents : Mr.K.P.Krishnadas (R3)

Central Government Standing Counsel

Mr.B.Saravanan (R1 & R2)

Senior Counsel

for Mr.M.P.Senthil

Counsel for the State

ORDER

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

This writ petition has been filed seeking a direction to the District Collector to remove the encroachments in the subject land, which is allotted to the railways.

2.This writ petition is filed as public interest litigation. The grievance of the petitioner is that the subject properties, which are situated in close proximity to the Cauvery River bed are classified as Government poromboke lands in the revenue records. The private respondents have illegally encroached upon the said land and constructed houses unauthorizedly obstructing public access and the natural drainage function of the land. After several round of litigations, it was informed to the petitioner that the subject lands have been reserved for Railway Department. Hence, the petitioner has filed this writ petition by impleading the Railway Department, seeking to remove the encroachments made in the subject property.

3.Heard the learned counsel appearing on either side and perused the materials placed on record.

4.A perusal of the proceedings of the Divisional Engineer dated 27.05.2026 reveals that though the Tahsildar had identified the encroachers in the subject property and sought for No Objection Certificate (NOC) from the Railways for the purpose of issuing pattas in respect of the subject property, such request came to be rejected by the Divisional Engineer, Southern Railway, Salem.

5.In such view of the matter, since the land is reserved for the Railway Department and encroachments are identified in the said land, it is for the Railway Department to take appropriate action to remove the encroachment in accordance with law within a period of six months from the date of receipt of a copy of this order.

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

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