Satheshkumar v. The District Collector

ORDER (Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed the present Writ Petition seeking a direction to the respondents 1 to 3 to remove the alleged illegal encroachment made by the fourth respondent in Survey No.138, situated at Thachankurichi Village, Lalgudi Taluk, Trichy District, in the light of the proceedings dated 28.11.2025 in Na.Ka.A3/4854/2025 issued by the second respondent, by considering the petitioner's representation dated 18.11.2025.

2.It is the grievance of the petitioner that the fourth respondent has encroached upon a common public pathway. In this regard, the petitioner submitted a representation dated 18.11.2025 before the first respondent. Based on the said representation, the second respondent, vide proceedings in Na.Ka.No.A3/4854/2025 dated 28.11.2025, informed that necessary action would be taken to remove the encroachment. Since no action has been taken thus far, the present Writ Petition has been filed.

3.The learned counsel appearing for the fourth respondent submitted that the fourth respondent has not encroached upon the property in Survey No.138 and that he owns private property in Survey Nos.137/2B and 137/2C.

4.The learned Additional Government Pleader appearing for respondents 1 to 3, on instructions, submitted that, in order to ascertain whether any encroachment exists, the authorities concerned have proposed to conduct a survey of the subject land. However, the survey could not be carried out as the entire area is overgrown with Prosopis juliflora. The authorities have also instructed the parties concerned to remove the said growth. It is further submitted that, upon removal of the Prosopis juliflora, the authorities are prepared to conduct the survey and take appropriate action in accordance with law.

5.In view of the above, the petitioner is directed to ensure removal of the Prosopis juliflora in the subject area, so as to enable the authorities concerned to conduct a survey and proceed in accordance with law, including taking action for removal of encroachment, if any.

6.With the above direction, this Writ Petition is disposed of. No costs. [N.S.K.,J.] [M.J.R.,J.]

01.04.2026 NCC : Yes / No Index : Yes / No ps To

1.The District Collector, Office of the Collectorate, Trichy District.

2.The Revenue Divisional Officer, Lalgudi Region, Lalgudi Taluk, Trichy District.

3.The Tahsildar, Office of Tahsildar, Lalgudi Taluk, Trichy District. W.P(MD)No.3048eofe2026 oN.SATHISHoKUMARoo,oJo. and oM.JOTHIRAMANoo,oJo. ps ORDERoMADEoIN W.P(MD)No.3048oofo2026 DATEDo:o01.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2026 CORAM: THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Satheshkumar ... Petitioner vs. 1.The District Collector, Office of the Collectorate, Trichy District. 2.The Revenue Divisional Officer, Lalgudi Region, Lalgudi Taluk, Trichy District. 3.The Tahsildar, Office of Tahsildar, Lalgudi Taluk, Trichy District. 4.Selvakumar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents No.1 to 3 to remove the illegal encroachment made by the 4th respondent in Survey No.138 situated at Thachankurichi Village, Lalgudi Taluk, Trichy District in the light of proceedings dated 28.11.2025 in Na.Ka.A3/4854/2025 by the 2nd respondent by considering the petitioner's representation dated 18.11.2025 within time frame as fixed by this Court. For Petitioner : Mr.K.Yasar Arafath For R-1 to R-3 : Mr.J.Ashok Additional Government Pleader For R-4 : Mr.T.Lenin Kumar