2026 Supreme(Online)(Mad) 86084
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M Dhandapani, N Dilip Kumar, JJ
Aseervadham – Appellant
Versus
Revenue Divisional Officer – Respondent
W.P(MD)No.24875 of 2026
For the Appellants/Petitioners: V.R. Shanmuganathan
For the Respondents: G. Mohan Kumar
The court directed the revenue authorities to consider a representation regarding the removal of encroachments on government poramboke land and a public pathway, ensuring a fair hearing for all parties involved.
Headnote:(A) Writ of Mandamus - Encroachment on Government Land - Direction to authorities to consider representation for removal of unauthorized structures and restoration of public pathway. (Para 6)
Issues: Whether the respondents 1 and 2 should be directed to consider the representation for removal of encroachments on Government Natham Poramboke land.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 and 2 to conduct a survey of the Government Natham Poramboke land comprised in Survey No.406/1, Valayanvayal Village, Mangalakudi Village, Thiruvadanai Taluk, Ramanathapuram District, identify all encroachments, remove the unauthorized encroachments and obstructions, including the temple, sheds, barbed wire fencing, and all other illegal structures erected on the Government Poramboke land and public pathway by respondents 3 to 5 and to restore the entire public pathway for public use in accordance with law.
For Petitioner : Mr. V.R.Shanmuganathan
For Respondents : Mr.G.Mohan Kumar (R1 & R2) Additional Government Pleader
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 and 2 to conduct a survey of the Government Natham Poramboke land comprised in Survey No.406/1, Valayanvayal Village, Mangalakudi Village, Thiruvadanai Taluk, Ramanathapuram District, identify all encroachments, remove the unauthorized encroachments and obstructions, including the temple, sheds, barbed wire fencing, and all other illegal structures erected on the Government Poramboke land and public pathway by respondents 3 to 5 and to restore the entire public pathway for public use in accordance with law.
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 3 to 5 is dispensed with.
3. The petitioners are the residents of Valayanvayal Village, Mangalakudi Village, Thiruvadanai Taluk, Ramanathapuram District. The petitioners claim to have obtained patta in respect of their lands comprised in S.No.406/2 and the land in S.No.406/1 is classified as Government Natham Poramboke, in which a public pathway is also situated. The grievance of the petitioners is that respondents 3 to 5 have unlawfully encroached upon portions of the Government poramboke land and the public pathway and fenced the same, thereby causing obstruction to the use of the common pathway. In this regard, the petitioners submitted a representation dated 16.06.2026 to the first respondent/Revenue Divisional Officer, 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 respondents 1 and 2 to consider the petitioner's representation dated 16.06.2026 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 respondents 1 and 2 to consider the petitioner's representation dated 16.06.2026 and pass appropriate orders on merits and in accordance with law, after issuing notice to all necessary parties including the respondents 3 to 5 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.