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2026 Supreme(Online)(Mad) 84305

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. Dhandapani, N. Dilip Kumar, JJ
M. Palraj – Appellant
Versus
District Collector, Monitoring Committee, Theni – Respondent
W.P(MD)No.24441 of 2026|WMP (MD) No.18298 of 2026



Advocates:
For the Appellants/Petitioners: M. Mohammed Imran
For the Respondents: G. Mohan Kumar, S. Sivathilagar

The court directed the official respondents to consider and decide upon the petitioner's representation regarding the removal of encroachment on a public pathway, ensuring a fair hearing for all parties involved within a specified timeframe.

Headnote:(A) Writ of Mandamus - Encroachment on Public Pathway - Direction to consider representation - Where a petitioner alleges encroachment on a public pathway obstructing ingress and egress, the court may direct the concerned authorities to consider the representation and pass orders on merits after providing an opportunity of hearing to all necessary parties. (Para 6)

Issues: Whether the official respondents should be directed to consider the petitioner's representation regarding the removal of encroachment on a public pathway.

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 1 to 7 to remove the encroachment made by the respondents 8 and 9 in the land in S.No. 3782/23 situated at Kamarajar Street, Kombai, Uthamapalayam, Theni District, within the stipulated time fixed by this Hon'ble Court.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. Since no adverse order is going to be passed, notice to the respondents 8 and 9 is dispensed with.

3. The petitioner claims to be the owner of the property comprised in S.No.3782/27. Opposite to the petitioner's property, there is a property comprised in S.No.3782/46A, owned by the 8th respondent herein. There is a pathway comprised in S.No.3782/23, having a width of 2 metres, which widens to approximately 2.3 metres at certain portions. The grievance of the petitioner is that the 8th respondent has constructed a wall to a height of 2.5 feet in the said public pathway, thereby narrowing the pathway and obstructing the petitioner's ingress and egress. It is further alleged that the water pipeline laid by the Panchayat Board through the said pathway has also been removed by the 8th respondent. In this regard, the petitioner submitted a representation dated 12.08.2026 to the respondents seeking removal of the alleged encroachment. Since no effective action has been taken on the said representation, the present Writ Petition has been filed.

4. The learned counsel appearing for the petitioner would submit that it would suffice if this Court issues a direction to the official respondent to consider the petitioner's representation dated 12.08.2026 and pass appropriate orders thereon, on merits and in accordance with law, within a time frame to be fixed by this Court.

5. The learned Additional Government Pleader appearing for the official respondents, on instructions, would submit that the authority concerned will consider the petitioner's grievance and pass appropriate orders on merits and in accordance with law.

6. Considering the above facts and circumstances of the case and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the official respondents to consider the petitioner's representation dated 12.08.2026 and pass appropriate orders on merits and in accordance with law, after issuing notice to all necessary parties including the respondents 8 and 9 and affording them an opportunity of hearing. The entire exercise shall be completed as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

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