Arulandham v. The District Collector

ORDER (Order of the Court was made by S.Sounthar J.) By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

¶2This Writ petition has been filed to consider the representation of the petitioner seeking direction to the 3rd and 4th respondents to remove the encroachments made by the respondents 5 to 8 in a common pathway/cart track Page2 of 5 in S.Nos.102/3A and 101 situated in Pukkampatty Revenue Village, Mettur Taluk, Salem District.

¶3It is the case of the petitioner that the properties situated in S.No.102/3A and 101 are the pathway leading to the burial ground and the said pathway has been encroached by the private respondents. In this regard, the petitioner relies on a civil decree dated 16.11.2018 passed in O.S.No.108 of 2011 on the file of District Munsif, Mettur. The petitioner further stated that the 2nd respondent in his proceedings in Mu.Mu.2983/2025-Oo, dated

05.01.2026, directed the Tahsildar, Mettur to remove the encroachment if any, in the light of the above said civil decree. Therefore, the petitioner submitted a representation dated 27.04.2026 to the 3rd and 4th respondent seeking removal of the encroachments made by the private respondents, by implementing the proceedings of the 2nd respondent, however, the same has not been considered. Hence, the petitioner has come before this court by filing the present writ petition.

¶4Mr.A.M.Ayyadurai, learned Government Advocate, who takes notice for the respondents 1 to 4, on instructions, submitted that the representation of the petitioner will be considered and orders will be passed in accordance with law. Page3 of 5

¶5In view of the submission made by the learned Government Advocate, without expressing any opinion on merits of the matter, the third respondent is directed to consider the representation of the petitioner dated 27.04.2026 and pass final orders on its own merits, after issuing notice to the private respondents 5 to 8, within a period of six weeks from the date of receipt of copy of the order.

¶6With the above direction, this writ petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. (S.S.,J.) (P.B.B.,J.) 06-05-2026 MST To

¶1The District Collector Salem District, Salem.

¶2The Sub Collector / The Revenue Divisional Officer, Mettur Revenue Division Mettur Dam-1, Salem District.

¶3The Tahsildhar, Mettur Taluk Mettur Dam-1, Salem District.

¶4The Block Development Officer Village Panchayat, Mecheri Panchayat Union Mecheri 636453, Mettur Taluk Salem District. Page4 of 5 WPoNo.o18289oofo2026 S.SOUNTHAR,oJ. AND P.B.BALAJI,oJ. MST WPoNo.o18289oofo2026 06-05-2026 Page5oofo5

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-05-2026 CORAM THE HON'BLE MR.JUSTICE S. SOUNTHAR AND THE HON'BLE MR.JUSTICE P.B. BALAJI WP No. 18289 of 2026 and WMP No.19630 of 2026 Arulandham, S/o.Mr.Kuppusamy Eajamanur Village Pukkampatty Post Mettur Taluk, Salem District. ..Petitioner(s) Vs 1. The District Collector Salem District, Salem. 2. The Sub Collector / The Revenue Divisional Officer, Mettur Revenue Division Mettur Dam-1, Salem District. 3. The Tahsildhar, Mettur Taluk Mettur Dam-1, Salem District. 4. The Block Development Officer Village Panchayat Mecheri Panchayat Union Mecheri 636453, Mettur Taluk Salem District. 5. Govindasami Work Shop Colony Salem Main Road, Mecheri 636453 Mettur Taluk, Salem District. 6. Valli Work Shop Colony Salem Main Road, Mecheri 636453 Mettur Taluk, Salem District. Page1 of 5 7. Bhuvani, Work Shop Colony Salem Main Road, Mecheri 636453 Mettur Taluk, Salem District. 8. Pazhaniappan, Work Shop Colony Salem Main Road, Mecheri 636453 Mettur Taluk, Salem District. ..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking direction to the Respondents 3 and 4 to remove the encroachments made by the Respondents 5 to 8 in the common pathway/Cart track land passes in S.Nos. 102/3A and 101 situated at Pukkampatty Revenue Village, Mettur Taluk, Salem District and ensure the usage of common pathway / Car track based on the proceedings of the 2nd respondent dated 05.01.2026 in Mu.Mu.2983-2025. For Petitioner(s): Mr. M.R.Jothimanian For Respondent(s): Mr.A.M.Ayyadurai, Govt. Advocate for R1 to R4.