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Madras High CourtWP(MD)/16620/2026disposed of

Chandra Arasu v. The District Collector/Monitoring Committee

2026-06-17Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2026

CORAM:

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

1.The District Collector/Monitoring Committee, District Collector Office, Thoothukudi District.

2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Srivaigundam Taluk, Thoothukudi District.

3.The Tahsildar, Taluk Office, Srivaigundam Taluk, Thoothukudi District.

4.Murugan 5.Patturaj 6.Azhagar 7.Sudalai Andi ... 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 respondent Nos.1 to 3 to take appropriate action in accordance with law against respondent Nos.4 to 7 and consequently remove the encroachments made in the Government Poramboke pathway comprised in Survey No.263, Naduvoor Village, Srimulakkarai Revenue Village, Srivaikuntam Taluk, Thoothukudi District, by considering the petitioner's representations dated 20.01.2026 and 11.06.2026, within a time frame to be fixed by this Court. For Petitioner : Mr.P.Ponraj For Respondents : Mr.C.Jeganathan (R1 to R3) Counsel for State

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 respondent Nos.1 to 3 to take appropriate action, in accordance with law, against the respondent Nos.4 to 7 and consequently remove the encroachments alleged to have been made in the Government poramboke pathway comprised in Survey No.263, Naduvoor Village, 2/6

Srimulakkarai Revenue Village, Srivaikuntam Taluk, Thoothukudi District, by considering the petitioner's representations dated 20.01.2026 and 11.06.2026, within a time frame to be stipulated by this Court. 2.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. 3.Mr.S.Venkatesh, learned counsel for the State, accepts notice for the respondents 1 to 3. Considering the limited relief sought for by the petitioner, notice to respondents 4 to 7 is dispensed with. 4.It is the contention of the petitioner that the respondent Nos.4 to 7 have encroached upon the aforesaid public pathway by putting up fencing and raising constructions thereon, thereby obstructing the free movement of the villagers. In this regard, the petitioner submitted representations dated 20.01.2026 and 11.06.2026 to the authorities concerned, requesting appropriate action for removal of the alleged encroachments.

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5.According to the petitioner, despite the receipt of the said representations, no action has been taken by the authorities concerned. Aggrieved by the inaction on the part of the official respondents, the petitioner has filed the present Writ Petition seeking the aforesaid relief. 6.The learned counsel appearing for the State/respondents 1 to 3, on instructions, submitted that the petitioner's representation dated 11.06.2026 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.

7.In such view of the matter, the authorities concerned are directed to conduct a survey at the site 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 4/6

necessary action for 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. 8.With the above directions, this Writ Petition stands disposed of. No costs.

[N.S.K.,J.] [M.J.R.,J.] 17.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The District Collector/Monitoring Committee, District Collector Office, Thoothukudi District.

2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Srivaigundam Taluk, Thoothukudi District.

3.The Tahsildar, Taluk Office, Srivaigundam Taluk, Thoothukudi District.

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N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

ps ORDER MADE IN DATED : 17.06.2026 6/6