V.Prabaharan v. The District Collector

Order (Order of the Court was made by S.M.Subramaniam J.) Writ of Mandamus has been instituted seeking to direct the respondents 1 to 4 to take necessary action to remove the encroachments made by the respondents 5 and 6 in S.F.No.112/ 10 and 112/ 13, classified as Government Promboke Land (Pathway) in Alagusamuthiram village, Omalur Taluk, Salem District, by considering petitioner's representation dated

01.10.2019 and proceedings of the respondents 1 to 4.

¶2Learned Additional Government Pleader, based on the written instruction given by the Tahsildar, Omalur, would submit that the revenue authorities conducted survey and found that there is no encroachment in S.F.No.112/10. However, the encroachers are identified in S.F.No.112/13, which is classified as natham land. Learned Additional Government Pleader Page3 of 6 would further submit that enforcement actions will be initiated for removal of encroachments.

¶3That being the factum, the respondents 1 to 4 are directed to initiate enforcement action for removal of encroachments by following the procedures as contemplated under the relevant statues and rules by affording opportunity to the alleged encroachers.

¶4In respect of the grama natham lands, the revenue authorities are empowered to invoke the provisions of the Tamilnadu Land Encroachments Act, more specifically, under RSO 21 as well as RSO 26, which would provide powers to the authorities to invoke the Tamilnadu Land Encroachments Act,1905, for removal of encroachments. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

¶5With the above directions, the Writ Petition is disposed of. No costs. (S.M.S.,J.) (K.S.,J.) 22-04-2026 Index: Yes/No Speaking/Non-speaking order VSI To

¶1The District Collector Salem District

¶2The Revenue divisional officer Mettur,Salem District. Page4 of 6

¶3The Tahsildar Omalur Taluk, Salem District.

¶4The Block Development Officer Block Development Office, Omalur , Salem District. WPoNo.o1038oofo2026 S.M.SUBRAMANIAMeJ. AND K.SURENDEReJ. vsi WPeNo.e1038eofe2026 22-04-2026 Page5oofo6 Page6 of 6 To

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-04-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER V.Prabaharan S/o.Veeramuthu, Alagusamuthiram Village, Steel Plant Post, Salem District. ..Petitioner(s) Vs 1. The District Collector Salem District. 2. The Revenue divisional officer Mettur,Salem District. 3. The Tahsildar Omalur Taluk, Salem District. 4. The Block Development Officer Block Development Office, Omalur , Salem District. 5. Chithayee W/o.Govindhasamy, Alagusamuthiram Village, steel Plant Post, Salem District. 6. Govindhasamy S/o.Chithan, Alagusamuthiram Village, steel Plant Post, Salem District. ..Respondent(s) Page2 of 6 To direct the respondents 1 to 4 to take necessary action to remove the encroachments made by the respondents 5 and 6 in S.F.No.112/ 10 and 112/ 13, classified as Government Promboke Land (Pathway) in Alagusamuthiram village, Omalur Taluk, Salem District, by considering petitioner representation dated 01.10.2019 and proceedings of the respondents 1 to 4. For Petitioner(s): Mr.R.Prabakar For Respondent(s): Mr. T. Arun Kumar, Addl.Govt.Pleader for R1 to R3 Mr. J.C. Durairaj, Addl.Govt.Pleader for R4 R5- not ready in notice No appearance for R6