Ganesan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Ganesan ... Petitioner vs.
1.The District Collector, Collectorate, Sivagangai District.
2.The Revenue Divisional Officer, Revenue Divisional Office, Devakottai, Sivagangai District.
3.The Executive Officer, Puduvayal Town Panchayat, Puduvayal, Sivagangai District.
4.The Tahsildar, Tahsildar Office, Karaikudi Taluk, Sivagangai District.
5.Kumar 1/7
6.Sethuraman 7.Subramanian ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1 to 4 respondents herein to initiate appropriate legal action to remove the encroachment made by the 6 to 7 respondents in Government Poramboke lands in Survey No.137 and Survey No.146 in Sakkottai Village, Karaikudi Taluk, Sivagangai District by considering the petitioner's representation dated 29.10.2025 and pass appropriate orders within a time stipulated by this Court. For Petitioner : Mr.G.Vashik Ali For Respondents : Mr.D.Sasi Kumar (R1 to R4) Additional Government Pleader : Mr.K.G.Arun Kumar (R5 to R7)
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed the present Writ Petition seeking a direction to the respondents 1 to 4 to initiate appropriate legal action for removal of the encroachment allegedly made by the respondents 5 to 7 in the Government poramboke lands comprised in Survey Nos.137 and 146, 2/7
situated at Sakkottai Village, Karaikudi Taluk, Sivagangai District, by considering the petitioner's representation dated 29.10.2025. 2.The grievance of the petitioner is that the lands comprised in Survey No.146, classified as Government poramboke road and street, and Survey No.137, classified as 'Rastha' (road), are public pathway lands. 3.It is alleged that the private respondents have encroached upon the said lands by putting up unauthorized sheds and converting them into private "mandrams"/community halls with walls and roofing, thereby obstructing free public access. The petitioner further apprehends that such structures are intended for caste-based usage, which may disturb communal harmony in the locality.
4.The petitioner submits that information obtained under the Right to Information Act confirms the existence of such structures, including thatched sheds known as "Kamandi Pottal Kovil" and "Bhajanai Madam" in the said survey lands.
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5.The petitioner states that a representation dated 29.10.2025 was submitted to the respondents 1 to 4 seeking removal of the encroachments made by the respondents 5 to 7. However, no action has been taken so far. Hence, alleging inaction on the part of the authorities in removing the encroachments on public lands, the present Writ Petition has been filed.
6.The learned Additional Government Pleader appearing for respondents 1 to 4 submitted that notices have already been issued for surveying the subject land and that appropriate action will be taken by the competent authorities in accordance with law. 7.The learned counsel appearing for the respondents 5 to 7 submitted that the land in question is a common pathway and denied the allegation of encroachment.
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8.In view of the above submissions and considering the limited scope of the relief sought for in the Writ Petition, we direct the competent authority to conduct a proper survey of the subject property and take appropriate action, if any encroachment is found, strictly in accordance with law, after affording due opportunity to all concerned parties. 9.With the above direction, this Writ Petition stands closed. There shall be no order as to costs.
[N.S.K.,J.] [M.J.R.,J.] 02.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps 5/7
To 1.The District Collector, Collectorate, Sivagangai District.
2.The Revenue Divisional Officer, Revenue Divisional Office, Devakottai, Sivagangai District.
3.The Executive Officer, Puduvayal Town Panchayat, Puduvayal, Sivagangai District.
4.The Tahsildar, Tahsildar Office, Karaikudi Taluk, Sivagangai District.
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N.SATHISH KUMAR , J.
and M.JOTHIRAMAN , J.
ps ORDER MADE IN DATED : 02.04.2026 7/7