S.Thangavel v. The District Collector,
2026:MHC:1344
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-04-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER S.Thangavel ..Petitioner Vs
1. The District Collector, Tiruppur District, Collector Office, Karuppa Goundanpalayam, Tiruppur-641 604.
2. The Tasildar, Dharapuram Taluk Office, Dharapuram, Tiruppur District-638 656.
3. R.Deva Sundaram
4. E.Jayakumar
5. P.Semalai
6. P.Duraisamy
7. K.Kuppusamy
8. R.Gnanamuthu
9. S.Sellamuthu 10.N.Rajamanickam, 11.D.Rasu
12.Durai ..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to instruct the 2nd respondent to immediately remove the encroachment on the public cart road in survey No.105, Moolapalayam, Erasinampalayam Village, Dharapuram Taluk, Tiruppur District to enable the petitioner to have free access to his land in survey No.104/B2, Erasinampalayam Village, Dharapuram Taluk, Tiruppur District through the public cart road in survey No.105, Moolapalayam, Erasinampalayam Village, Dharapuram Taluk, Tiruppur District. For Petitioner :
Mrs.Nalini Chidhambaram, Senior Counsel for Mrs.C.Uma For Respondents:
Mr.T.Arunkumar, Addl. Govt. Pleader for R1 & R2 R3 to R12 - No Appearance Order (Order of the Court was made by S.M.Subramaniam J.) The Writ of Mandamus has been instituted to direct the respondents 1 and 2 to remove the encroachments on the public cart road in Survey No.105, Moolapalayam, Erasinampalayam Village, Dharapuram Taluk, Tiruppur District to enable the petitioner to have free access to his land in survey No.104/B2, Erasinampalayam Village, Dharapuram Taluk, Tiruppur District through the public cart road.
2. The learned Senior Counsel appearing on behalf of the petitioner would mainly contend that on account of encroachment in the public road, the
petitioner is unable to have free access to his patta land. However, during pendency of the present Writ Petition, the encroachments in the public road had already been removed by the competent Authority. However, the encroachments are yet to be removed in respect of cart track (vandi padhai).
3. The learned Additional Government Pleader would submit that field inspection and survey has already been conducted and encroachments are identified both in public road as well as in cart track.
4. That being the factum, the respondents 1 and 2 are directed to initiate action for removal of encroachments both in public road as well as in cart track by following the procedures as contemplate under the relevant statutes and Rules and by affording opportunity to the parties. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition is disposed of. No costs.
(S.M.S.,J.) (K.S.,J.) 01-04-2026 Index: Yes/No Speaking/Non-speaking order DSA
To
1. The District Collector, Tiruppur District, Collector Office, Karuppa Goundanpalayam, Tiruppur-641 604.
2. The Tasildar, Dharapuram Taluk Office, Dharapuram, Tiruppur District-638 656.
S.M.SUBRAMANIAM J.
AND K.SURENDER J.
DSA 01-04-2026