Citation : 2026 Latest Caselaw 1471 Mad
Judgement Date : 23 March, 2026
W.P(MD)No.7725 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P(MD)No.7725 of 2026
A.Subramanian ... Petitioner
vs.
1.The District Collector,
O/o.The District Collector,
Puthukottai District.
2.The Revenue Divisional Officer,
O/o.Revenue Divisional Officer,
Puthukottai District.
3.The Tahsildar,
Thirumayam Taluk,
Puthukottai District.
4.The Village Administrative Officer,
Thirumayam Taluk,
Kottaiyur,
Puthukottai District.
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W.P(MD)No.7725 of 2026
5.R.Sahayaraj
6.A.Raja
7.P.Anusiya
8.M.Gnana Selvi
9.S.Sahaya Mary
10.S.Arockiyamary ... Respondents
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
4 to take necessary and immediate actions required upon considering the
petitioner's representation dated 16.02.2026 in order to remove the
encroachment made by the respondents 5 to 10 in S.No.208/8A classified as
Anadheenam/Government poromboke land situated in Kottaiyur village,
Thirumayam Taluk, Puthukottai District within the time frame to be fixed by
this Court.
For Petitioner : Mr.V.Dinesh Kumar
For Respondents : Mr.J.Ashok (R1 to R4)
Additional Government Pleader
2/7
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W.P(MD)No.7725 of 2026
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.)
The petitioner has filed the present Writ Petition seeking a
direction to the respondents 1 to 4 to take necessary and immediate action
upon considering the petitioner’s representation dated 16.02.2026, for
removal of the alleged encroachment made by respondents 5 to 10 in Survey
No.208/8A, classified as Anadheenam/Government poromboke land,
situated at Kottaiyur Village, Thirumayam Taluk, Pudukkottai District.
2.By consent of both parties, this Writ Petition is taken up for
final disposal at the admission stage itself.
3.Mr.J.Ashok, learned Additional Government Pleader accepts
notice for the respondents 1 to 4. Considering the limited relief sought for by
the petitioner, notice to the respondents 5 to 10 is dispensed with.
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4.It is the contention of the petitioner that the respondents 5 to
10 have encroached upon the public road by putting up permanent
residential constructions without any lawful title, patta, assignment, or
permission from the competent authorities. In this regard, the petitioner
submitted a representation dated 16.02.2026 before the authorities
concerned. Since no action has been taken so far, the petitioner has filed the
present Writ Petition.
5.The learned Additional Government Pleader appearing for
respondents 1 to 4, on instructions, submitted that the petitioner’s
representation dated 16.02.2026 would be considered and that the authorities
concerned would conduct a survey of the land in question in the presence of
all the parties concerned. He further submitted that appropriate action would
be taken to remove the encroachment, if any.
6.In such view of the matter, the authorities concerned are
directed to conduct a survey in the place in question, after issuing notice to
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the petitioner, the respondents 5 to 10, and all other parties concerned, if any,
within a period of two weeks from the date of receipt of a copy of this order.
If the survey reveals any encroachment, the authorities concerned shall take
necessary action for the removal of such encroachment, after affording
sufficient opportunity of personal hearing to all the parties concerned and by
following due process of law, within a period of three months thereafter.
7.With the above directions, this Writ Petition is disposed of. No
costs.
[N.S.K.,J.] [M.J.R.,J.]
23.03.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
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To
1.The District Collector,
O/o.The District Collector,
Puthukottai District.
2.The Revenue Divisional Officer,
O/o.Revenue Divisional Officer,
Puthukottai District.
3.The Tahsildar,
Thirumayam Taluk,
Puthukottai District.
4.The Village Administrative Officer, Thirumayam Taluk, Kottaiyur, Puthukottai District.
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N.SATHISH KUMAR, J.
and M.JOTHIRAMAN, J.
ps
ORDER MADE IN
DATED : 23.03.2026
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