Writ petition regarding encroachment of public road by respondents 7 and 8. Court allowed the petition and directed respondents 1 to 5 to remove encroachments within 12 weeks.
Directs respondents 1 to 5 to remove encroachments within 12 weeks.
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2026:MHC:1046
WP No. 47190 of 2025
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
..Respondent(s)
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WP No. 47190 of 2025
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.
of the subject lands and portion of the public road encroached upon by the 7th and 8th respondents.
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WP No. 47190 of 2025
“Four boundaries of the subject lands
| Asper D | ocument | Aspe | r state on | groun | d | |||
|---|---|---|---|---|---|---|---|---|
| **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
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WP No. 47190 of 2025
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.”
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.
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WP No. 47190 of 2025
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
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WP No. 47190 of 2025
S.M.SUBRAMANIAM, J. AND K.SURENDER, J.
GD
WP No. 47190 of 2025
11-03-2026
__________ Page6 of 6
1 issue framed by the court
Whether the respondents are liable to remove illegal construction encroaching on public road?
P.Kannadhasan
The District Collector Tiruvaruru District, Tiruvarur
The Revenue Divisional Officer Tiruvarur Division, O/o Revenue Divisional Office, Tiruvarur District
The Executive Engineer Public Works Department, Tiruvarur District
The Block Development Officer Nanilam Taluk, Tiruvarur District
The Thasildhar Nanilam Taluk Tiruvarur District
S. M. SUBRAMANIAM
K. SURENDER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
