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2026 Supreme(Online)(Mad) 84051
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. Dhandapani, N. Dilip Kumar, JJ
J. Kamala – Appellant
Versus
District Collector, Virudhunagar District – Respondent
W.P(MD)No.26361 of 2022
For the Appellants/Petitioners: S. Mahalakshmi
For the Respondents: M. Mahaboob Athiff
The court held that upon confirmation of encroachment by a local body on private land, the District Collector must assess the encroachment and either restore the land to the owner or provide legal compensation.
Headnote:(A) Writ of Mandamus - Encroachment of Private Property - Local Body - Where revenue authorities confirm that a portion of private property has been encroached upon by a local body, the administration is directed to inspect the property and either restore the land or pay suitable compensation in accordance with law. (Para 5)
Issues: Whether the petitioner is entitled to the removal of illegal encroachments made by the local body on their private property.
PRAYER :
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to remove the illegal encroachments made in the property of the petitioner measuring East to West 6 feet and North to South 147 feet in S.No.282/1A1B to the extent of 0.5.55 Ares at Padanthal Village in Sathur Taluk in Virudhunagar District with reference to the petitioners document of title, patta, Field Map, survey form no.23 dated 27.05.2022 and certificate of Four Boundaries dated 02.06.2022 issued by the 3rd respondent.
O R D E R
(Order of the Court was made by M.DHANDAPANI, J.)
This Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents to remove the illegal encroachments made in the property of the petitioner measuring East to West 6 feet and North to South 147 feet in S.No.282/1A1B to the extent of 0.5.55 Ares at Padanthal Village in Sathur Taluk in Virudhunagar District with reference to the petitioners document of title, patta, Field Map, survey form no.23 dated 27.05.2022 and certificate of Four Boundaries dated 02.06.2022 issued by the third respondent.
2. Heard the learned counsel for the parties.
3. The learned counsel appearing for the petitioner would submit that the petitioner is the owner of the property comprised in S.No.282/1A1B, classified as “Ryotwari Punjai”, to an extent of 0.5.55 Ares and that a portion of the said property has been encroached upon by the local body.
4. The learned Special Government Pleader appearing for the respondents would submit that, as per the Revenue Tahsildar's letter dated 22.06.2026, a portion of the property belonging to the petitioner has been encroached upon by the local body.
5. In view of the above, the first respondent-District Collector/Inspector of Panchayats is directed to inspect the subject property and assess the extent of encroachment, if any, made by the local body. Upon such assessment, the respondents shall either restore the encroached portion of the land to the petitioner or pay suitable compensation in accordance with law. The aforesaid exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above directions, the Writ Petition stands disposed of. No costs.
