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2025 DAILYLAW 4205 (MAD)

PERUMAL v. THE DISTRICT COLLECTOR

WP/50725/2025 · 2026-04-09

K Surender, S M Subramaniam

Transfer Petitionbody2025

Judgment text

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W.P.No.50725 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.04.2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER W.P.No.50725 of 2025 Perumal S/o.Arthanari Gounder ... Petitioner vs. 1. The District Collector Salem District Salem. 2. The Tahsildar Salem South Taluk Salem – 636 002 Salem District. 3. Mohanasundaram S/o.Thirupathi Gounder … Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents 1 and 2 to remove the encroachments made by the 3rd respondent in the public pathway in S.No.51/15 (old S.No.11/1) situated at E.Pethampatti Revenue Village, Salem South Taluk, Salem District based on the application of the petitioner Page Nos.1/4 https://www.mhc.tn.gov.in/judis W.P.No.50725 of 2025 daetd 27.10.2025 and consequently, direct the respondents 1 and 2 to restore the said land as its original position. For Petitioner : Mr.M.R.Jothimanian For Respondents : Mr.T.Arun Kumar Additional Government Pleader for R1 and R2 Ms.P.Hasnah, for R3 ***** O R D E R [Made by S.M.SUBRAMANIAM, J.,] The writ of mandamus has been instituted to direct the respondents 1 and 2 to remove the encroachments made by the 3rd respondent in the public pathway in S.No.51/15 (old S.No.11/1) situated at E.Pethampatti Revenue Village, Salem South Taluk, Salem District based on the application of the petitioner daetd 27.10.2025 and consequently, direct the respondents 1 and 2 to restore the said land as its original position. 2. The learned Additional Government Pleader would submit that the competent authorities conducted an inspection and survey and identified encroachments. Thus, the authorities will initiate all further enforcement action. Page Nos.2/4 https://www.mhc.tn.gov.in/judis W.P.No.50725 of 2025 3. In view of the said submission, the official respondents are directed to initiate enforcement action by following the procedure as contemplated under relevant Statute and Rules in force and by affording opportunity to all the encroachers. The said exercise is directed to be completed within a period of three months from the date of receipt of a copy of this order. 4. With the above direction, the Writ Petition stands disposed of. No costs. (S.M.S.,J.) (K.S.,J.) 09.04.2026 Index : Yes Neutral Citation : Yes / No Speaking order / Non-speaking order mk To 1. The District Collector Salem District Salem. 2. The Tahsildar Salem South Taluk Salem – 636 002 Salem District. Page Nos.3/4 https://www.mhc.tn.gov.in/judis W.P.No.50725 of 2025 S. M. SUBRAMANIAM, J., and K. SURENDER, J., mk W.P.No.50725 of 2025 09.04.2026 Page Nos.4/4 https://www.mhc.tn.gov.in/judis