Vigashini v. the Tahsildar

Madras HC20 Jul 2026WP/48597/2025

Case brief

AI extract

What is this about?

Encroachment removal on public road Survey No. 450/3 Kannamoochi village, Mettur Taluk, Salem District; Tahsildar directed to clear 240 sq. metre obstruction caused by M. Subramanian (father of 4th respondent), not by respondents 3 and 4; survey pursuant to interim order dated 11.12.2025; writ of mandamus under Article 226; representation dated 1.8.2025; resolution R.No.25/2022 dated 15.8.2022; six-week compliance timeline; WP No. 48597 of 2025; Madras High Court; Hemant Chandangoudar, J.; order dated 20-07-2026.

What did the court decide?

Direction to the 1st respondent to remove the encroachment on the public road within six (6) weeks from the date of receipt of a copy of the order; connected miscellaneous petition closed; no order as to costs. ¶¶33

Vigashini Vs the Tahsildar — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents 1 and 2 are to be directed to take action against respondents 3 and 4 and restore the public road in Survey No. 450/3 of Kannamoochi Village from alleged illegal occupation. +1 more

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Court's answer

In view of the 1st respondent's report and the Government Counsel's undertaking, the writ petition was disposed of with a direction to the 1st respondent to remove the encroachment on the public road within six weeks from receipt of a copy of the order; the connected miscellaneous petition was closed and no order as to costs was made.

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Ratio / Principle

On the court-ordered survey, the report found that the 3rd and 4th respondents had not caused any obstructions to the public road in Survey No. 450/3.

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Key takeaways

The obstruction to the public road was found to have been caused by one M. Subramanian, S/o Muthu Gounder, father of the 4th respondent, over 240 sq. metres of the public road.ratio¶¶27

Detailed headnote1 paragraphs

Madras High Court (Hemant Chandangoudar, J.) disposed of a writ petition filed under Article 226 of the Constitution of India seeking a mandamus to the Tahsildar, Mettur Taluk and the Block Development Officer, Kolathur to consider the petitioners' representation dated 1.8.2025, act against respondents 3 and 4, and restore the public road in S.No.450/3 of Kannamoochi village, Mettur Taluk, Salem District, relying on the 2nd respondent's resolution in R.No.25/2022 dated 15.8.2022. Pursuant to the Court's interim order dated 11.12.2025, the Tahsildar's survey report found that respondents 3 and 4 had caused no obstruction; instead, M. Subramanian, S/o Muthu Gounder, father of the 4th respondent, had obstructed over 240 sq. metres of the public road. On the Government Counsel's undertaking, the 1st respondent was directed to remove the encroachment within six weeks; connected miscellaneous petition (WMP.No. 54257 of 2025) closed; no costs.

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WP No. 48597 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20-07-2026

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CORAM

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THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR

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WP No. 48597 of 2025

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and WMP.No. 54257 of 2025

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Vigashini

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Jansi

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..Petitioner(s)

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The Tahsildar Mettur Taluk Office, Mettur Dam, Salem District

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The Block Development Officer Kolathur Block Development Office, Kolathur, Mettur Taluk, Salem District.

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Sitheswaran

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Anandhan

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..Respondent(s)

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Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of writ of mandamus, directing the respondents 1 and 2 to consider the representation dated 1.8.2025 made by the petitioners and direct the respondents 1 and 2 to take action against the respondents 3 and 4 and restore the public road in S.No.450/3 of Kannamoochi village, Mettur Taluk, Salem District in its original position from the illegal occupation of the

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Page1 of 4

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

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WP No. 48597 of 2025

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respondents 3 and 4 and lay tar road as per the resolution passed by the 2nd respondent in R.No.25/2022 dated 15.8.2022 and pass orders.

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For Petitioner(s): Mr. V.Elangovan For Respondent(s): Mr.M.Sivavarthanan, Govt.Counsel – R1 & R2 Mr.M.Elango – R3 &R4

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ORDER

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The petitioner is before this Court seeking for a direction to the respondents 1 & 2 to take action against the respondents 3 &4 for causing obstructions to the petitioner in public road in Survey No. 450/3 of Kannamoochi Village, Mettur Taluk, Salem District to reach their lands in survey no. 455/1.

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Heard both sides and perused the materials available on record.

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Pursuant to the order of this Court dated 11.12.2025, the 1st respondent conducted a survey in a land situated in Survey No. 450/3 and submitted a report. The said report states that the 3rd and 4th respondents have not caused any obstructions. However, one M. Subramanian, S/o Muthu Gounder (father of

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the 4th respondent), has caused obstructions over 240 sq. metres of the public road.

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__________ Page2 of 4

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

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WP No. 48597 of 2025

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Learned Government Counsel for the respondents 1 &2 submitted that

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steps will be taken to remove the said encroachment within the time fixed by this Court.

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In view of the report filed by the 1st respondent and the undertaking given by the learned Government Counsel that the encroachment will be removed, the writ petition is disposed of. The 1^st respondent is directed to remove the encroachment in the said public road within six (6) weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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20-07-2026

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Index: Yes/No

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

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