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2026 Supreme(Online)(Mad) 86087
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. Dhandapani, N. Dilip Kumar, JJ
Poomayil – Appellant
Versus
District Collector/Monitoring Committee, Pudukkottai District, Pudukkottai – Respondent
W.P(MD)No.24955 of 2026
For the Appellants/Petitioners: D. Rameshkumar
For the Respondents: M. Mahaboob Athiff
The court directed the concerned authorities to consider the petitioner's representation regarding the removal of encroachments on a public pathway and pass appropriate orders on merits after providing a hearing to all necessary parties.
Headnote:(A) Writ of Mandamus - Removal of Encroachments - Public Pathway - Direction to authorities to consider representations and pass orders on merits after providing an opportunity of hearing to all necessary parties. (Para 6)
Issues: Whether the respondents should be directed to consider the petitioner's representation for the removal of encroachments in the public pathway.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachment made in the pathway comprised in Survey Nos. 290/12, 290/15, 290/19, 290/23, 290/27, 290/29 and 290/34(P) Neykkonam Village, Thirumayam Taluk, Pudukkottai District by considering the petitioners representation dated 23.05.2026 and 17.07.2026 respectively.
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 3 to remove the encroachment made in the pathway comprised in Survey Nos. 290/12, 290/15, 290/19, 290/23, 290/27, 290/29 and 290/34(P) Neykkonam Village, Thirumayam Taluk, Pudukkottai District by considering the petitioner's representation dated 23.05.2026 and 17.07.2026 respectively.
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 4 to 6 is dispensed with.
3. The petitioner and the residents of 20 other residential houses are residing at Neykkonam Village, Thirumayam Taluk, Pudukkottai District. The grievance of the petitioner is that certain encroachments have been made in the public pathway comprised in Survey Nos.290/12, 290/15, 290/19 and 290/23, 290/29, thereby causing obstruction to the use of the pathway by the general public. In this regard, the petitioners submitted representations dated 23.05.2026 and 17.07.2026 to the respondents 1 to 3, seeking removal of the encroachments made in the aforesaid pathway. Since no effective action has been taken on the said representations, 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 to 3 to consider the petitioner's representation dated 17.07.2026 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 Special 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 to 3 to consider the petitioner's representation dated 17.07.2026 and pass appropriate orders on merits and in accordance with law, after issuing notice to all necessary parties including the respondents 4 to 6 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.
