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2026 Supreme(Online)(Mad) 103976
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S. M. SUBRAMANIAM
R. Devarajan – Appellant
Versus
The District Collector – Respondent
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-10-2026 CORAM THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN W.P.No.17082 of 2026 CNR:{HCMA010800662026}
R.Devarajan … Petitioner -vs-
1. The District Collector Collectorate, Salem - 636 001.
2. The Municipal Commissioner Salem City Municipal Corporation, Salem - 636 001. 3. The Tahsildar Salem South, Salem
4. The Village Administrative officer Uthamasolapuram Village, Salem.
5. The President Uthamasolapuram Village Panchayat, Salem.
6. Palanisamy … Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, directing the Respondent 1 to 4 to remove the encroachment made by the 6th respondent by invoking the Land Encroachment Act, 1905 in the public Pathway in S.Nos.65/6, 7 and 8 of Uthamasolapuram village, Salem District based on petitioner’s representation dated 23.05.2024.
##PAGE2##For Petitioner: Mr.L.Ramanathan For Respondents: Mr.R.Hashwanth, GA for R1, R3 & R4 Mr.S.Nithieshvar for R6 Ms.N.Devi, Standing Counsel for R2 *****
O R D E R
(Order of the Court was made by S.M.Subramaniam,J.)
This Writ Petition has been filed for a direction to the respondents 1 to 5 to remove the encroachment made by the 6th respondent by invoking the Land Encroachment Act, 1905 in the public Pathway in S.Nos.65/6, 7 and 8 of Uthamasolapuram village, Salem District based on petitioner’s representation dated 23.05.2024.
2. When the matter is taken up for hearing, learned Government Advocate appearing for Respondents 1, 3 and 4 would submit that the subject property situated in S.Nos.65/6, 7 and 8 of Uthamasolapuram Village, Salem District is a private land and not a public pathway.
3. In view of the said submission, parties are relegated to approach the competent Civil Court, if any property dispute exists and the Writ Petition is not maintainable.
##PAGE3##Consequently, the present Writ petition is dismissed. No costs.
(S.M.S.,J.) (R.R.V.,J.)
06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AR To:
1. The District Collector Collectorate, Salem - 636 001.
2. The Municipal Commissioner Salem City Municipal Corporation, Salem - 636 001. 3. The Tahsildar Salem South, Salem
4. The Village Administrative officer Uthamasolapuram Village, Salem.
5. The President Uthamasolapuram Village Panchayat, Salem.
##PAGE4##S.M.SUBRAMANIAM,J.
AND R.RAJESH VIVEKANANTHAN,J.
AR
06-10-2026
