Ananadan P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2026

CORAM:

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

1.The District Collector, Pudukkottai District, Pudukkottai.

2. The Tahsildar, Karambakudi Taluk, Pudukkottai District.

3. The Block Development Officer, Karambakudi Taluk, Pudukkottai District.

4. Pandidurai ... 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 second respondent to remove the encroachment made by the fourth respondent on the public pathway in SF.No.263/29 situated in Melatheru, Santhampatti, Mullankuruchi North, Karambakudi Taluk, Pudukkottai District based on the petitioner's representation dated 05.06.2025. For Petitioner : Mr.N.Kamesh For R1 & R2 : Mr.J.Ashok Additional Government Pleader For R3 : Mr.S.P.Maharajan Special 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 second respondent to remove the encroachment made by the fourth respondent on the public pathway in SF.No.263/29 situated in Melatheru, Santhampatti, Mullankuruchi North, Karambakudi Taluk, Pudukkottai District based on the petitioner's representation dated 05.06.2025.

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2.We have heard the submissions made on either side and perused the materials available on record.

3. It is the contention of the petitioner that fourth respondent had encroached upon the public pathway. In this regard, the petitioner submitted a representation dated 05.06.2025 before the authority concerned. Since the same has not been considered so far, the petitioner has filed the present Writ Petition.

4.The learned Additional Government Pleader appearing for respondents 1 & 2 and the learned Special Government Pleader appearing for the third respondent, on instructions, submitted that the petitioner's representation dated 05.06.2025 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.

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5. 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.4, 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. 6.With the above directions, this Writ Petition is disposed of. No costs.

[N.S.K.,J.] [M.J.R.,J.] 17.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes am 4/6

To 1.The District Collector, Pudukkottai District, Pudukkottai.

2. The Tahsildar, Karambakudi Taluk, Pudukkottai District.

3. The Block Development Officer, Karambakudi Taluk, Pudukkottai District.

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N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

am ORDER MADE IN DATED : 17.04.2026 6/6