Madras High CourtWP/1038/2026disposed of

V.Prabaharan v. The District Collector

2026-04-22Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K. Surender6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-04-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER V.Prabaharan S/o.Veeramuthu, Alagusamuthiram Village, Steel Plant Post, Salem District.

..Petitioner(s) Vs

1. The District Collector Salem District.

2. The Revenue divisional officer Mettur,Salem District.

3. The Tahsildar Omalur Taluk, Salem District.

4. The Block Development Officer Block Development Office, Omalur , Salem District.

5. Chithayee W/o.Govindhasamy, Alagusamuthiram Village, steel Plant Post, Salem District.

6. Govindhasamy S/o.Chithan, Alagusamuthiram Village, steel Plant Post, Salem District.

..Respondent(s)

To direct the respondents 1 to 4 to take necessary action to remove the encroachments made by the respondents 5 and 6 in S.F.No.112/ 10 and 112/ 13, classified as Government Promboke Land (Pathway) in Alagusamuthiram village, Omalur Taluk, Salem District, by considering petitioner representation dated 01.10.2019 and proceedings of the respondents 1 to 4.

For Petitioner(s):

Mr.R.Prabakar For Respondent(s):

Mr. T. Arun Kumar, Addl.Govt.Pleader for R1 to R3 Mr. J.C. Durairaj, Addl.Govt.Pleader for R4 R5- not ready in notice No appearance for R6 Order (Order of the Court was made by S.M.Subramaniam J.) Writ of Mandamus has been instituted seeking to direct the respondents 1 to 4 to take necessary action to remove the encroachments made by the respondents 5 and 6 in S.F.No.112/ 10 and 112/ 13, classified as Government Promboke Land (Pathway) in Alagusamuthiram village, Omalur Taluk, Salem District, by considering petitioner's representation dated 01.10.2019 and proceedings of the respondents 1 to 4.

2. Learned Additional Government Pleader, based on the written instruction given by the Tahsildar, Omalur, would submit that the revenue authorities conducted survey and found that there is no encroachment in S.F.No.112/10. However, the encroachers are identified in S.F.No.112/13, which is classified as natham land. Learned Additional Government Pleader

would further submit that enforcement actions will be initiated for removal of encroachments.

3. That being the factum, the respondents 1 to 4 are directed to initiate enforcement action for removal of encroachments by following the procedures as contemplated under the relevant statues and rules by affording opportunity to the alleged encroachers.

4. In respect of the grama natham lands, the revenue authorities are empowered to invoke the provisions of the Tamilnadu Land Encroachments Act, more specifically, under RSO 21 as well as RSO 26, which would provide powers to the authorities to invoke the Tamilnadu Land Encroachments Act,1905, for removal of encroachments. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above directions, the Writ Petition is disposed of. No costs. (S.M.S.,J.) (K.S.,J.) 22-04-2026 Index: Yes/No Speaking/Non-speaking order VSI To

1. The District Collector Salem District

2. The Revenue divisional officer Mettur,Salem District.

3. The Tahsildar Omalur Taluk, Salem District.

4. The Block Development Officer Block Development Office, Omalur , Salem District.

S.M.SUBRAMANIAM J.

AND K.SURENDER J.

vsi 22-04-2026