2026:MHC:1046 WP No. 47190 of 2025 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-03-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER WP No. 47190 of 2025 P.Kannadhasan ..Petitioner(s) Vs 1. The District Collector Tiruvaruru District, Tiruvarur 2. The Revenue Divisional Officer Tiruvarur Division, O/o Revenue Divisional Office, Tiruvarur District 3. The Executive Engineer Public Works Department, Tiruvarur District 4. The Block Development Officer Nanilam Taluk, Tiruvarur District 5. The Thasildhar Nanilam Taluk Tiruvarur District 6. The Village President Kollumangudi Panchayat, Keelakaduvankudi, Nanilam Taluk, Tiruvarur District 7. Mohammed Rafeek 8. Salma Begam ..Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 47190 of 2025 __________ Page2 of 6 Writ Petition filed under Article 226 of the Constitution of India issuing writ of mandamus, directing the respondents 1 to 6 to take action against 7th and 8th respondents, remove the illegal construction done by them, by encroaching the public thar road comprised in survey no 381/1A6 at Kollumangudi village nanilam Taluk, tiruvarur distrct, forthwith petitioners representation cum complaint dated on 26.10.2025 by ensuring the public access, safety. For Petitioner(s): Mr.M. Govindarajan For Respondent(s): Mr.T.Arunkumar Additional Government Pleader for 1-3, 5&6 Mr.M.S.Premkumar Government Advocate for R4 Mr.R.Baskar for R7&8 ORDER (Order of the Court was made by S.M.Subramaniam J.) Writ Petition has been instituted to direct the respondents 1 to 6 to take action against 7th and 8th respondents, remove the illegal construction done by them, by encroaching the public thar road comprised in survey no 381/1A6 at Kollumangudi Village, Nanilam Taluk, Tiruvarur District, forthwith petitioners representation cum complaint dated on 26.10.2025 by ensuring the public access, safety. 2. Tahsildar, Nannilam filed counter affidavit setting out the boundaries of the subject lands and portion of the public road encroached upon by the 7th and 8th respondents. https://www.mhc.tn.gov.in/judis WP No. 47190 of 2025 __________ Page3 of 6 3. The relevant portion of the counter affidavit is extracted hereinunder, “Four boundaries of the subject lands As per Document As per state on ground RS.Nos. North East South West Nort h East South West 381/1A5 381/1A 4 Hithath ullah 381/1A6 Theru (subject land) 382 Abdul Jabar manai 382 Ansari Thottam (Kollai) 381/ 1A4 381/1A6 (subject road) 382 382 381/1A1 0B 381/1A 9, Oli Moham ed Manai 381/1G Abdul Majeed house 382 Theru and Arivu mani House 381/1A 5 Kannad asan Manai 381/ 1A9 381/1G 382 381/1A 6 (subject road) I further submit that before 7th and 8th respondents purchased the land, the old land owner had been encroached the road with asbestos sheet and used it as vehicle shed, thereafter the 7th respondent also continued the subject place in the same manner. It is further submitted that in this situation, the 7th and 8th respondents has been constructing a new house in S.No.381/1A10 and also in the subject land of S.No.381/1A6. Thus, construction is going on beyond his patta land. The 7th and 8th respondents had been purchased only 0.01.75 hectares of land, but they constructing a house with fortico for 0.02.32 hectares of land. In this juncture totally 17.0 meters of https://www.mhc.tn.gov.in/judis WP No. 47190 of 2025 __________ Page4 of 6 length is in the front portion of the petitioner's land. (S.No.381/1A5) Consequence of this construction, 11 meters length of the said physical road is blocked in front of the empty land of the petitioner. Only 5.0 meters length are left to enter into the petitioner's land. In view of that 57.2 square meters (11X5.2 meters) of the physical road having RS.No. 381/1A6 is encroached and is being constructing a portion (Fortico) of the house by the 7th 8th respondents in the encroached area. In the above documents and circumstances revealed that the physical road bearing RS.No. 381/1A6 57.2 square meters (11X5.2 meters) is being used by the general public as a road is encroached by the 7th 8th respondents in the way of constructing 'Fortico' for their house.” 4. In view of the factum recorded, since encroachments on public road are identified by the revenue authorities, respondents 1 to 5 are directed to remove the encroachments by following the procedure as contemplated under the statutes and Rules within a period of 12 weeks from the date of receipt of a copy of this order. https://www.mhc.tn.gov.in/judis WP No. 47190 of 2025 __________ Page5 of 6 5. Accordingly, the writ petition is allowed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (K.S.,J.) 11-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD To 1. The District Collector Tiruvaruru District, Tiruvarur 2. The Revenue Divisional Officer Tiruvarur Division, O/o Revenue Divisional Office, Tiruvarur District 3. The Executive Engineer Public Works Department, Tiruvarur District 4. The Block Development Officer Nanilam Taluk, Tiruvarur District 5. The Thasildhar Nanilam Taluk Tiruvarur District 6. The Village President Kollumangudi Panchayat, Keelakaduvankudi, Nanilam Taluk, Tiruvarur District https://www.mhc.tn.gov.in/judis WP No. 47190 of 2025 __________ Page6 of 6 S.M.SUBRAMANIAM, J. AND K.SURENDER, J. GD WP No. 47190 of 2025 11-03-2026 https://www.mhc.tn.gov.in/judis