Kumar v. The District Collector
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 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.
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
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
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 :
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.
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.
(sasi) 09.03.2026