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Madras High CourtWP/48548/2025disposed of

V.Saroja v. The District Collector

2026-03-30Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K.Kumaresh Babu6 pages

2026:MHC:1350

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-03-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU V.Saroja ..Petitioner Vs

1. The District Collector, Salem District, Salem.

2. The Revenue Divisional Officer, Attur Sub Division, Attur, Salem District.

3. The Tahsildar, Attur Taluk, Salem District.

4. The Commissioner, Narasingapuram Municipality, Attur Taluk, Salem District.

5. The Superintendent of Police, Salem District, Salem.

6. The Inspector of Police, Attur Town Police Station, Attur, Salem District.

7. Paramasivam ..Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the 1st to 4th respondents to remove the encroachments in the common pathway in survey No.425/14 situated at North Thillai Nagar, Narasingapuram Post, Salem District and to ensure the same for free access in the light of the 3rd respondent's Proceedings in Na.Ka. No.2/2025/A1 dated 19.08.2025 based on the representations dated 24.11.2025.

For Petitioner :

Mr.R.Giridharan For Respondents :

Mr.T.Arunkumar, Addl. Govt. Pleader for R1 to R3 Mr.M.S.Premkumar, Govt. Advocate for R4 Mr.M.Babu Muthumeeran, Addl. Public Prosecutor for R5 & R6 Mr.G.Mohammed Aseef for R7

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The Writ of Mandamus has been instituted to direct the respondents 1 to 4 to remove the encroachments.

2. The Commissioner, Narasingapuram Municipality has conducted field inspection, survey and identified encroachment on the Government Poramboke streets. The Tahsildar would submit that further enforcement actions are to be initiated. The learned Additional Government Pleader would submit that based on the report of the Commissioner, the Tahsildar has to

initiate enforcement action for removal of encroachments by following the procedures.

3. In view of the said submission, the respondents are directed to initiate enforcement action and remove the road encroachments by following the procedures as contemplated. The private respondent Mr.S.Paramasivam has earlier filed W.P.No.48936 of 2025 and this Court has passed an order on 02.01.2026 as follows:-

3. On receipt of any such explanation, the Commissioner, Narasingapuram Municipality shall consider the same and thereafter take a final decision to proceed with the enforcement action to remove the encroachments from the Municipality Properties. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of the explanation.

4. With the above observation, this Writ Petition stands dismissed. No cots. Consequently, the connected miscellaneous petitions are closed.

4. In view of the above position, the respondents shall ensure that the road encroachments are removed by following the procedures 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 direction, this Writ Petition is disposed of. No costs. (S.M.S.,J.) (K.B.,J.) 30-03-2026 Index: Yes/No Speaking/Non-speaking order DSA

To

1. The District Collector, Salem District, Salem.

2. The Revenue Divisional Officer, Attur Sub Division, Attur, Salem District.

3. The Tahsildar, Attur Taluk, Salem District.

4. The Commissioner, Narasingapuram Municipality, Attur Taluk, Salem District.

5. The Superintendent of Police, Salem District, Salem.

6. The Inspector of Police, Attur Town Police Station, Attur, Salem District.

S.M.SUBRAMANIAM, J.

AND K.KUMARESH BABU, J.

DSA 30-03-2026