A.Soosai v. The District Collector Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 09.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE R.KALAIMATHI A.Soosai ... Petitioner Vs.

1.The District Collector Officer, District Collector Office, Pudukkottai District.

2.The Tahsildar, Karambakudi Taluk, Pudukkottai District.

3.Xavior 4.Anthony 5.Doni 6.Innasimuthu 7.Seshu ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the second respondent to take necessary action to remove the encroachment in the public pathway in S.No.794/9 Mullangkurichi South, Karambakudi Taluk, Pudukkottai District made by the respondents 3 to 7 in the light of the proceedings of the second respondent in Na.Ka.No.A8/592/2023, dated 13.06.2023 For Petitioner : Mr.R.Paranjothi for M/s.KBS Law Office For Respondents : Mr.S.S.Madhavan Government Advocate for R1 & R2 : Mr.K.Srinivasaragavan for R6 : No appearance for R3, R4, R5 & R7

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

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2. The petitioner is a resident of Kottaikadu village. He alleges that there are encroachments in a public pathway comprised in S.No. 794/9.

3. The learned Government Advocate concedes that S.No.794/9 has been classified as pathway.

4. The learned counsel for the sixth respondent denies that he had not committed any encroachment.

5. Be that as it may, we direct the second respondent to conduct survey. Before conducting survey, notices will be issued to all the private respondents herein as well as the interested persons, if any. If the results of the survey indicate that the public pathway has been encroached, then action shall be taken under the relevant provisions of the statute for removing the encroachment. We make it clear that the principles of natural justice will be scrupulously complied with. We have not gone into the merits of the matter. Entire exercise shall be 3/5

completed within a period of four months from the date of receipt of a copy of this order.

6. The Writ Petition is disposed of accordingly. No costs. (G.R.S., J.) (R.K.M., J.) 09.02.2026 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi To 1.The District Collector Officer, District Collector Office, Pudukkottai District.

2.The Tahsildar, Karambakudi Taluk, Pudukkottai District.

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G.R.SWAMINATHAN, J.

AND R.KALAIMATHI, J.

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