Kumar vs The District Collector
2026 Latest Caselaw 997 Mad

Madras High Court

Kumar vs The District Collector on 9 March, 2026

                                                                                            W.P.No.8721 of 2026

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:          09.03.2026

                                                          CORAM :

                              THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI,
                                                CHIEF JUSTICE
                                                    AND
                                  THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

                                                 W.P.No.8721 of 2026

                     Kumar
                     S/o.Perumal
                     No.279, Amman Kovil Kadu
                     Aadaiyur Village,
                     Edappadi Taluk
                     Salem District - 636 501.

                                                                                      Petitioner(s)

                                                               Vs

                     1.The District collector
                       Salem District
                       Salem - 636 001.

                     2.The District Revenue officer
                       Salem District
                       Salem - 636 001.

                     3.The Revenue Divisional officer
                       Sankari Taluk
                       Salem District.

                     4.The Thasildar
                       Edappadi Taluk
                       Salem District.

                     ______________
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                                                                                                 W.P.No.8721 of 2026

                     5.The Block Development Officer
                       Block Development Office
                       Edappadi Taluk, Salem District.

                     6.Venkatachalam
                       S/o.Palanisamy
                       Amman kovil Kadu
                       Aadaiyur Village, Edappadi Taluk
                       Salem District - 636 501.

                                                                                            Respondent(s)

                     PRAYER: Petition filed under Article 226 of the Constitution of India
                     seeking issuance of a writ of mandamus directing respondents 1 to 5
                     to remove the encroachment made by the sixth respondent on the
                     Government Poramboke Land/public pathway comprised in S.No.54/2
                     and 55 situated at Amman Koil Kadu, Aadaiyur Village, Edappadi Taluk,
                     Salem District, and consequently direct respondents 1 to 5 to lay a
                     road by considering the petitioner’s representation dated 16.10.2025
                     within a time frame.

                                       For Petitioner(s):      Ms.M.Pavitra

                                       For Respondent(s):Mr.M.Habeeb Rahman
                                                         Government Advocate
                                                         for R1 to R5


                                                           ORDER

(Order of the Court was made by the Hon'ble Chief Justice)

The present writ petition, styled as public interest litigation,

filed under Article 226 of the Constitution of India seeks a direction

to respondent Nos.1 to 5 to remove the encroachment made by the

sixth respondent on the government poramboke land/public ______________

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pathway comprising in Survey Nos. 54/2 and 55 situated at Amman

Koil Kadu, Aadaiyur Village, Edappadi Taluk, Salem District, as also a

direction to respondent Nos.1 to 5 to lay a road by considering the

representation dated 16.10.2025 within a time frame.

2. Learned counsel for respondent/State, on written

instructions, stated that the Edappadi Taluk Surveyor has issued

summons to conduct survey of the aforesaid survey numbers on

13.3.2026. If any encroachment is identified during the survey

conducted on the said date, action will be taken to remove the

encroachment under the provisions of the Tamil Nadu Land

Encroachment Act, 1905.

3. Learned counsel for the petitioner is not pressing for the

second relief with regard to laying the road and has restricted her

prayer to removal of encroachment alone.

4. In view of the written statement submitted by learned

counsel for respondent Nos.1 to 5, no further adjudication is

required in this public interest litigation. Accordingly, the writ ______________

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petition is disposed of directing respondent Nos.1 to 5 to complete

the survey and take a decision in accordance with law and pass a

reasoned and speaking order as expeditiously as possible.

There shall be no order as to costs.

(SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J) 09.03.2026 Index : Yes/No Neutral Citation : Yes/No sasi

To:

1.The District collector Salem District Salem - 636 001.

2.The District Revenue officer Salem District Salem - 636 001.

3.The Revenue Divisional officer Sankari Taluk Salem District.

4.The Thasildar Edappadi Taluk Salem District.

5.The Block Development Officer Block Development Office Edappadi Taluk, Salem District.

______________

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THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(sasi)

09.03.2026

______________

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