WP/2373/2022 of S.Thangavel Vs The District Collector,
2026:MHC:1344
WP No. 2373 of 2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-04-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE K. SURENDER
WP No. 2373 of 2022
S.Thangavel
..Petitioner
Vs
1. The District Collector,
Tiruppur District,
Collector Office,
Karuppa Goundanpalayam,
Tiruppur-641 604.
2. The Tasildar,
Dharapuram Taluk Office,
Dharapuram,
Tiruppur District-638 656.
3. R.Deva Sundaram
4. E.Jayakumar
5. P.Semalai
6. P.Duraisamy
7. K.Kuppusamy
8. R.Gnanamuthu
9. S.Sellamuthu
10. N.Rajamanickam,
11. D.Rasu
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12. Durai
..Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Mandamus, directing the 1 st respondent to instruct the 2 nd
respondent to immediately remove the encroachment on the public cart road
in survey No.105, Moolapalayam, Erasinampalayam Village, Dharapuram
Taluk, Tiruppur District to enable the petitioner to have free access to his land
in survey No.104/B2, Erasinampalayam Village, Dharapuram Taluk, Tiruppur
District through the public cart road in survey No.105, Moolapalayam,
Erasinampalayam Village, Dharapuram Taluk, Tiruppur District.
For Petitioner : Mrs.Nalini Chidhambaram,
Senior Counsel
for Mrs.C.Uma
For Respondents: Mr.T.Arunkumar,
Addl. Govt. Pleader for R1 & R2
R3 to R12 – No Appearance
Order
(Order of the Court was made by S.M.Subramaniam J.)
The Writ of Mandamus has been instituted to direct the respondents 1
and 2 to remove the encroachments on the public cart road in S urvey No.105,
Moolapalayam, Erasinampalayam Village, Dharapuram Taluk, Tiruppur
District to enable the petitioner to have free access to his land in survey
No.104/B2, Erasinampalayam Village, Dharapuram Taluk, Tiruppur District
through the public cart road.
2. The learned Senior Counsel appearing on behalf of the petitioner
would mainly contend that on account of encroachment in the public road, the
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petitioner is unable to have free access to his patta land. However, during
pendency of the present Writ Petition, the encroachments in the public road
had already been removed by the competent Authority. However, the
encroachments are yet to be removed in respect of cart track (vandi padhai).
3. The learned Additional Government Pleader would submit that field
inspection and survey has already been conducted and encroachments are
identified both in public road as well as in cart track.
4. That being the factum, the respondents 1 and 2 are directed to
initiate action for removal of encroachments both in public road as well as in
cart track by following the procedures as contemplate under the relevant
statutes and Rules and by affording opportunity to the parties. The said
exercise is directed to be completed within a period of twelve (12) weeks from
the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition is disposed of . No
costs.
(S.M.S.,J.) (K.S.,J.)
01-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
DSA
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To
1. The District Collector,
Tiruppur District,
Collector Office,
Karuppa Goundanpalayam,
Tiruppur-641 604.
2. The Tasildar,
Dharapuram Taluk Office,
Dharapuram,
Tiruppur District-638 656.
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S.M.SUBRAMANIAM J.
AND
K.SURENDER J.
DSA
WP No. 2373 of 2022
01-04-2026
https://www.mhc.tn.gov.in/judis