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Madras High CourtWP/2840/2026disposed of

M.Kalaiyarasan v. The District Collector

2026-02-02Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2026 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN M.Kalaiyarasan S/o Madhaiyan, No.2C, Veeranur, Gonur Post, Mettur Taluk, Salem District Petitioner Vs 1.The District collector Salem Distrct, Salem 2.The Sub Collector Mettur, Salem District 3.The Tahsildar Mettur Taluk, Salem District 4.Rama W/o Shankar 5.Ramya D/o. Pachamuthu Respondents 4 & 5 residing at No.4/10-71 Veeranur, Gonur Post, Mettur Taluk, Salem District Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent Nos1 to 3 to remove encroachment put forth by the respondent Nos. 4 and 5 on the common public pathway comprised in Survey No.851/17 at Veeranur, Gonur West Village, Mettur Taluk, Salem District in pursuance of the petitioner's representation dated 19.12.2025. For Petitioner:

Mr.Hasnah.P.

For Respondents:

Mr. E.Vijay Anand Addl. Government Pleader for R1 to R3

ORDER

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

2. On the allegation that the private respondent has encroached upon the pathway, learned State counsel, upon instructions, would submit that a preliminary survey was conducted and the land has been found to be classified as natham vacant land.

3. In view of the said disclosure made by learned State counsel, we direct the first respondent/District Collector to cause appropriate enquiry to be made by the competent authority free

from any influence that may be exerted by the Block Development Officer concerned to verify the allegations made in the petition. The enquiry shall be concluded within a period of three months from the date of receipt of a copy of this order. If any such encroachment is found, the same shall be removed forthwith thereafter.

4. With the above observation and direction, the writ petition is disposed of. There shall be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 02.02.2026 Index :

Yes/No :

Yes/No bbr To:

1.The District collector Salem Distrct, Salem 2.The Sub Collector Mettur, Salem District 3.The Tahsildar Mettur Taluk, Salem District

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

bbr 02.02.2026