Syed Abibullah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.04.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN Syed Abibullah ... Petitioner Vs.

1. The District Collector, Dindigul District.

2. The Assistant Divisional Engineer, Highways (Construction and Maintenance), Palani Division, Dindigul District.

3. The Tahsildar, Palani Taluk, Dindigul District.

4. Anna Durai

5. Mariyappan ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing 3rd respondent to do survey forthwith identifying the encroachments made by the private respondents 4 and 5 in S.Nos.872/5 1/5

classified as highways, 873/1 classified as barren land and 880/2 classified as panchayat road situated at Ayyampulli Village, Palani Taluk, Dindigul District and further direct the 2nd respondent to complete the eviction process on receipt of survey report as per law and within a time frame based on the petitioner's representation dated 02.02.2026. For Petitioner : Mr.D.Venkatesh For R1 to R3 : Mr.D.Sasikumar Additional Government Pleader

ORDER

(Judgment of the Court was made by N.SATHISH KUMAR, J.) The prayer in this writ petition is to issue a Writ of Mandamus, directing the 3rd respondent to do survey forthwith identifying the encroachments made by the private respondents 4 and 5 in S.Nos.872/5 classified as highways, 873/1 classified as barren land and 880/2 classified as panchayat road situated at Ayyampulli Village, Palani Taluk, Dindigul District and further direct the 2nd respondent to complete the eviction process on receipt of survey report as per law and within a time frame based on the petitioner's representation dated 02.02.2026.

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2.

Learned Additional Government Pleader appearing for the respondents 1 to 3 on instructions, would submit that the 2nd respondent by letter dated 12.02.2026 addressed to the 3rd respondent / Tahsildar has sought for a survey report as to the boundaries of Highways' land and identification of encroachment in the subject place. As soon as such report is received, the 2nd respondent will take steps to remove the encroachments, if any in the subject survey numbers by due process of law within a time frame.

3. Recording the above submission, the 3rd respondent is directed to conduct survey as sought for by the 2nd respondent in the letter dated 12.02.2026 and submit a survey report to the 2nd respondent forthwith. If there is any encroachment in the subject place as per the survey report, the 2nd respondent is directed to remove such encroachments by due process of law, after affording sufficient opportunity to all the parties concerned. Such an exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 3/5

4. With the above direction, the Writ Petition is disposed of. No costs.

[N.S.K., J.] & [M.J.R., J.] 20.04.2026 Index : Yes / No : Yes / No bala To

1. The District Collector, Dindigul District.

2. The Assistant Divisional Engineer, Highways (Construction and Maintenance), Palani Division, Dindigul District.

3. The Tahsildar, Palani Taluk, Dindigul District.

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N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

bala .

ORDER MADE IN DATED :

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