Lakshmi, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Lakshmi ... Petitioner vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Kaalaiyarkovil Taluk, Sivagangai District.

3. Karuppaiah ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to remove the encroachment made by the 3rd respondent in the Public Pathway is situated in S.No.12/10B, Chennalkudi Village, Kaalaiyarkovil Taluk, Sivagangai District by consider the petitioner's representation dated on 18.07.2024.

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For Petitioner : Mr.V.G.Vallarasu Chezhiyan For R1 & R2 : Mr.J.Ashok Additional Government Pleader

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 & 2 to remove the encroachment made by the 3rd respondent in the Public Pathway is situated in S.No.12/10B, Chennalkudi Village, Kaalaiyarkovil Taluk, Sivagangai District by considering the petitioner's representation dated on 18.07.2024. 2.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. 3.Mr.J.Ashok, learned Additional Government Pleader accepts notice for the respondents 1 & 2. Considering the limited relief sought for by the petitioner, notice to the third respondent is dispensed with. 2/6

4. It is the contention of the petitioner that the third respondent encroached upon the public pathway. In this regard, the petitioner submitted a representation dated 18.07.2024 before the authority concerned. Since the same has not been considered so far, the petitioner has filed the present Writ Petition.

5.The learned Additional Government Pleader appearing for respondents 1 & 2, on instructions, submitted that the petitioner's representation dated 18.07.2024 would be considered and that the authorities concerned would conduct a survey of the land in question in the presence of all the parties concerned. He further submitted that appropriate action would be taken to remove the encroachment, if any.

6.In such view of the matter, the authorities concerned are directed to conduct a survey in the place in question, after issuing notice to the petitioner, the respondent No.3, and all other parties concerned, if any, within a period of two weeks from the date of receipt of a copy of this order. 3/6

If the survey reveals any encroachment, the authorities concerned shall take necessary action for the removal of such encroachment, after affording sufficient opportunity of personal hearing to all the parties concerned and by following due process of law, within a period of three months thereafter. 7.With the above directions, this Writ Petition is disposed of. No costs.

[N.S.K.,J.] [M.J.R.,J.] 21.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes am 4/6

To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Kaalaiyarkovil Taluk, Sivagangai District.

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N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

am ORDER MADE IN DATED : 21.04.2026 6/6