S.Thangavel v. The District Collector,

Order (Order of the Court was made by S.M.Subramaniam J.) The Writ of Mandamus has been instituted to direct the respondents 1 and 2 to remove the encroachments on the public cart road in Survey No.105, Moolapalayam, Erasinampalayam Village, Dharapuram Taluk, Tiruppur District to enable the petitioner to have free access to his land in survey No.104/B2, Erasinampalayam Village, Dharapuram Taluk, Tiruppur District through the public cart road.

¶2The learned Senior Counsel appearing on behalf of the petitioner would mainly contend that on account of encroachment in the public road, the Page3 of 5 petitioner is unable to have free access to his patta land. However, during pendency of the present Writ Petition, the encroachments in the public road had already been removed by the competent Authority. However, the encroachments are yet to be removed in respect of cart track (vandi padhai).

¶3The learned Additional Government Pleader would submit that field inspection and survey has already been conducted and encroachments are identified both in public road as well as in cart track.

¶4That being the factum, the respondents 1 and 2 are directed to initiate action for removal of encroachments both in public road as well as in cart track by following the procedures as contemplate under the relevant statutes and Rules and by affording opportunity to the parties. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

¶5With the above directions, this Writ Petition is disposed of. No costs. (S.M.S.,J.) (K.S.,J.) 01-04-2026 Index: Yes/No Speaking/Non-speaking order DSA Page4 of 5 To

¶1The District Collector, Tiruppur District, Collector Office, Karuppa Goundanpalayam, Tiruppur-641 604.

¶2The Tasildar, Dharapuram Taluk Office, Dharapuram, Tiruppur District-638 656. WPoNo.o2373oofo2022 S.M.SUBRAMANIAMeJ. AND K.SURENDEReJ. DSA WPeNo.e2373eofe2022 01-04-2026 Page5oofo5

2026:MHC:1344 Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-04-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER S.Thangavel ..Petitioner Vs 1. The District Collector, Tiruppur District, Collector Office, Karuppa Goundanpalayam, Tiruppur-641 604. 2. The Tasildar, Dharapuram Taluk Office, Dharapuram, Tiruppur District-638 656. 3. R.Deva Sundaram 4. E.Jayakumar 5. P.Semalai 6. P.Duraisamy 7. K.Kuppusamy 8. R.Gnanamuthu 9. S.Sellamuthu 10.N.Rajamanickam, 11.D.Rasu Page2 of 5 12.Durai ..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to instruct the 2nd respondent to immediately remove the encroachment on the public cart road in survey No.105, Moolapalayam, Erasinampalayam Village, Dharapuram Taluk, Tiruppur District to enable the petitioner to have free access to his land in survey No.104/B2, Erasinampalayam Village, Dharapuram Taluk, Tiruppur District through the public cart road in survey No.105, Moolapalayam, Erasinampalayam Village, Dharapuram Taluk, Tiruppur District. For Petitioner : Mrs.Nalini Chidhambaram, Senior Counsel for Mrs.C.Uma For Respondents: Mr.T.Arunkumar, Addl. Govt. Pleader for R1 & R2 R3 to R12 – No Appearance