Allowed

Subbusamy v. the State of Tamilnadu

Madras HC15 Oct 2025WP/35702/2025

Case brief

AI extract

What is this about?

The High Court of Madras disposed of a writ petition seeking direction under Article 226 for the removal of encroachment on a public pathway in Coimbatore by fruit-bearing trees. Directing the District Collector to grant nod for transplantation and removal, the court ordered the Tahsildar to complete the exercise within two weeks of such nod.

What did the court decide?

District Collector directed to give nod for removal/transplantation of encroaching trees; Tahsildar to complete exercise within two weeks of nod.

Subbusamy Vs the State of Tamilnadu — Environment and Pollution | Madras HC (2025)

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W.P No. 35702 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15-10-2025

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CORAM

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THE HON'BLE MR JUSTICE R. SURESH KUMAR

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AND

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THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR

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WP No. 35702 of 2025 AND WMP NO. 39952 OF 2025

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1.Subbusamy Vayal Thottam , Sundakkamuthur Coimbatore. 2.Sathyanarayanan 29 N.R.Garden Kovaipudhur Coimbatore 641 042 3.B.Murugesan A21 Kovaiputhur, Coimbatore 641 042

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..Petitioners

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The State Of Tamilnadu Revenue And Disaster Management Department, Rep. By The Principal Secretary To The Government, Fort St. George, Chennai -600 101.

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The Commissioner Of Land Administration The Commissionerate Of Land Administration 2nd Floor Ezhilagam Chepakkam Chennai 05 3. The Commissioner Of Revenue Administration And Disaster Management, The Commissionerate Of Land Administration Ezhilagam Chepakkam Chennai 05 4. The District Collector Office Of The District Collector Collectorate, Hosur Road, Coimbatore 641 018

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Page 1 of 8

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https://www.mhc.tn.gov.in/judis

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W.P No. 35702 of 2025

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The Revenue Divisional Officer Taluk Office Perur Taluk, Perur Coimbatore

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6. The Tahsildar

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Taluk Office Perur Taluk, Perur Coimbatore 641 010

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..Respondents

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Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to consider the petitioners representation dated 8.07.2025 and dispose off the same within a stipulated time.

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For Petitioners : Mr.Vasanthan B For Respondents : Mr.S.Arumugam Government Advocate

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Order

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(Order of the Court was made by R.Suresh Kumar J.)

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The prayer sought for herein is for a Writ of Mandamus directing the respondents to consider the petitioners representation dated 8.07.2025 and dispose off the same within a stipulated time.

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In respect of S.No.22/3 at Sundakkamuthur Village, Perur Taluk, Coimbatore District there is a public pathway connecting the two hamlets of the village. The same is being occupied or encroached upon by individuals by planting some fruit bearing trees including coconut trees.

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Page 2 of 8

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https://www.mhc.tn.gov.in/judis

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W.P No. 35702 of 2025 3. Though it has been brought to the notice of the revenue authorities and

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they have also started acting upon by issuing notice under Section 7 of Act 3 of 1905 followed by a Section 6 order, nothing was moved in the expected line.

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Therefore, after giving a representation on 08.07.2025, the petitioners in order to consider the said representation and to take action on the same, has approached this Court by filing the present writ petition.

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Heard the learned counsel for the petitioner and the learned Government Advocate, who takes notice for the respondents.

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Learned Government Advocate has produced a copy of the instructions received from the Revenue Tahsildar ie., the sixth respondent herein dated 15.10.2025, where, inter alia the Tahsildar has stated the following:

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“nkw;go Mf;fpukpg;g[fis mfw;WtJ bjhlh;ghf jkpH;ehL epy Mf;fpukpg;g [ rl;lk ; 1905d ; go gpupt [ 7 kw;Wk ; gpupt [ 6d ; fPH; Mf;fpukpg;g[jhuUf;F mwptpg;g [ tH';fg;gl;Ls;sJ/ mjid bjhlh;e;J nkw;go g[yj;jpy; thiH gapuplg;gl;l epiyapy; thiHapd; mWtil fhyk; Kotile;J Mf;fpukpg;gpid mfw;wpl fhy mtfhrk ; tH';fg;gl;lJ/ Mdhy; Mf;fpukpg;g[jhuu;fshy; kPz;Lk;kPz;Lk;muR g[wk;nghf;F g{kpapy; Mf;fpukpg;g [ bra;a[k ; nehf;fj;jpy ; nkw;go g[yj;jpy ; kWgoa[k;

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Page 3 of 8

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https://www.mhc.tn.gov.in/judis

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W.P No. 35702 of 2025

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gidkuf;fd;W cs;spl;l 257 gy tif brofs ; (k) fd;Wfs; elg;gl;Ls;sJ/ nkw;go Mf;fpukpg;g[fis mfw;w chpa fhy mtfhrk; Mf;fpukpg;g[jhuu;fSf;F tH';fg;gl;Lk; Mf;fpukpg;g[fs; jw;nghJ tiu mfw;wg;glhky; cs;sJ/

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nkw;go Mf;fpukpg;g[fis mfw;WtJ bjhlh;ghf jkpH;ehL epy Mf;fpukpg;g[ rl;lk; 1905d; go Mf;fpukpg;ig tUk; 30/09/2025 md;W fhiy 11/30 kzpastpy ; fhty;Jiw ghJfhg;g[ld ; ngU:h ; kz;ly Jiz tl;lhl;rpah ; Kd;dpiyapy ; mfw;Wtjw;F ngU:h ; tUtha; tl;lhl;rpauhy; mwpt[Wj;jg;gl;lJ/ ,e;epiyapy; nfhak;g[j;Jhh; khtl;l mstpyhd gRik FG cWg;gpduhd jpU/nf.iraJ vd;gtuhy; nkw;go

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vdnt nkw;go Mf;fpukpg;ghdJ mfw;WtJ bjhlh;ghf khtl;l Ml;rpj;jiyth ; jiyikapyhd gRik FGtpd ; mDkjp bgw;W mjd; mog;gilapy ; eltlf;if nkw;bfhs;sg;gLk ; vd;gij gzpt[ld; bjhptpj;Jf;bfhs;fpnwd;/”

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By relying upon this written communication, learned Government Advocate would submit that, though already an attempt has been made to remove such encroachment with the help of police, one of the encroachers being a member of the Green Committee of the District concerned seems to have objected it and therefore the Revenue Tahsildar decided to get a nod from the

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Page 4 of 8

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https://www.mhc.tn.gov.in/judis

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W.P No. 35702 of 2025 District Collector, who is heading the Green Committee of the District and soon the nod would be secured from the District Collector and thereafter the removal of encroachment would be undertaken by the revenue authorities.

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Having regard to the stand taken by the revenue authorities especially the

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sixth respondent, we are inclined to dispose of this writ petition with the following orders:

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(a)There shall be a direction to the fourth respondent / District Collector to give necessary permission to the sixth respondent Tahsildar to remove such encroachment, which includes the recently planted trees by the encroachers by way of transplantation of the trees wherever it is possible and complete the exercise of removal of encroachment within a period of two weeks from the date of issuance of such nod by the District Collector, for which the District Collector is given a week's time from the date of receipt of a copy of this order.

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(b)On receipt of such nod from the District Collector, the sixth respondent Tahsildar shall swiftly act upon and complete the removal of encroachment as indicated above including transplantation of the standing trees wherever it is possible and file a report to the District Collector immediately.

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https://www.mhc.tn.gov.in/judis

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W.P No. 35702 of 2025

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With the above directions, this writ petition is disposed of. No costs.

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W.M.P.No.39952 of 2025 is ordered.

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(R.S.K.,J.) (H.C.,J.) 15-10-2025

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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KST

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Page 6 of 8

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https://www.mhc.tn.gov.in/judis

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W.P No. 35702 of 2025

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1.The State Of Tamilnadu

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Revenue And Disaster Management Department, Rep. By The Principal Secretary To The Government, Fort St. George, Chennai -600 101

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2.The Commissioner Of Land Administration The Commissionerate Of Land Administration 2nd Floor Ezhilagam Chepakkam Chennai 05

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3.The Commissioner Of Revenue Administration And Disaster Management, The Commissionerate Of Land Administration Ezhilagam Chepakkam Chennai 05

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4.The District Collector

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Office Of The District Collector Collectorate, Hosur Road, Coimbatore 641 018

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5.The Revenue Divisional Officer Taluk Office Perur Taluk, Perur Coimbatore

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6.The Tahsildar

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Taluk Office Perur Taluk, Perur Coimbatore 641 010

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Page 7 of 8

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https://www.mhc.tn.gov.in/judis

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W.P No. 35702 of 2025

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R.SURESH KUMAR J. AND HEMANT CHANDANGOUDAR J.

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KST

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WP No. 35702 of 2025 AND WMP NO. 39952 OF 2025

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15-10-2025

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__________ Page 8 of 8

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https://www.mhc.tn.gov.in/judis

Subbusamy v. the State of Tamilnadu

Case brief

What is this about?

What did the court decide?

Subbusamy v. the State of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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