Senthurpandian v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2026

CORAM:

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

1.The District Collector, Tenkasi District, Tenkasi-627 811.

2.The Tahsildhar, Sivagiri Taluk, Sivagiri, Tenkasi District-627757.

3.The President, Nelkattumseval Village Panchayat, Sivagiri Taluk, Nelkattumseval Village, Tenkasi District 627 758.

4.Velsamy 5.Samythurai

6. Selvi

7. Ramapandian ... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 & 2 herein to remove the illegal encroachment made by 4 to 7 respondents in Sarkar Poramboke Natham land comprised in S.No.705/35, 705/50 since it is public pathway road which has been used for public cart track to agricultural farm of the village people situated in Nelkattukseval Village, Sivagiri Taluk, Tenkasi District by considering the petitioners representation dated 11-12-2025 and pass appropriate orders. For Petitioner : Mr.S.A.Ganapathyraman For R1 & R2 : Mr.D.Sasi Kumar Additional Government Pleader For R3 : Mr.P.Thilak Kumar 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 herein to remove the illegal encroachment made by 4 to 7 respondents in Sarkar Poramboke Natham land comprised in S.No.705/35, 705/50 situated in Nelkattukseval Village, Sivagiri Taluk, 2/6

Tenkasi District by considering the petitioner's representation dated 11-12-2025.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. 3.Mr.D.Sasi Kumar, learned Additional Government Pleader accepts notice for the respondents 1 & 2 and Mr.P.Thilak Kumar, Government Pleader, accepts notice for the third respondent. Considering the limited relief sought for by the petitioner, notice to the respondents 4 to 7 is dispensed with.

4.It is the contention of the petitioner that the respondents 4 to 7 have encroached upon the public pathway road. In this regard, the petitioner submitted a representation dated 11.12.2025 before the authority concerned. Since the same has not been considered so far, the petitioner has filed the present Writ Petition.

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5.The learned Additional Government Pleader appearing for respondents 1 & 2, on instructions, submitted that the petitioner's representation dated 11.12.2025 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 respondents 4 to 7, and all other parties concerned, if any, within a period of two weeks from the date of receipt of a copy of this order. 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. 4/6

7.With the above directions, this Writ Petition is disposed of. No costs.

[N.S.K.,J.] [M.J.R.,J.] 22.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes am To 1.The District Collector, Tenkasi District, Tenkasi-627 811.

2.The Tahsildhar, Sivagiri Taluk, Sivagiri, Tenkasi District-627757.

3.The President, Nelkattumseval Village Panchayat, Sivagiri Taluk, Nelkattumseval Village, Tenkasi District 627 758.

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N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

am ORDER MADE IN DATED : 22.04.2026 6/6