K.Dhanalakshmi v. The District Collector,

O R D E R (Order of the Court was made by M.DHANDAPANI, J.) This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to dispose the Appeal preferred by the fourth respondent dated 15.06.2026 (in Na.Ka.No. LG2/21/2026) under Section 10 of Tamil Nadu Land Encroachment Act and to remove the encroachment made by the fourth respondent by constructing the installation of barbed wire fencing, and construction of a toilet, tin sheeted roof and stone pillars on the common pathway lane in Survey No. 425/1, classified as Government Natham Poromboke land, situated at Gopalapuram Village, Vembakottai Taluk, Virudhunagar District by considering the petitioner's representations dated 23.09.2025 and 21.01.2026.

¶2By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. Since no adverse order is going to be passed, notice to the fourth respondent is dispensed with.

¶3The petitioner had earlier approached this Court by filing W.P.

(MD) No.6439 of 2026, seeking removal of the encroachment made by the fourth respondent in the land classified as a pathway. This Court, by order dated

10.03.2026, issued a direction to the respondents to consider the petitioner's representation, conduct a survey and if any encroachment was found in the public pathway, the same shall be removed by following due process of law. Pursuant to the said order, an eviction order was passed by the second respondent under Section 6 of the Tamil Nadu Land Encroachment Act. Aggrieved by the same, the fourth respondent filed an appeal under Section 10 of the Tamil Nadu Land Encroachment Act, before the first respondent/District Collector. However, the first respondent has not yet disposed of the appeal filed by the fourth respondent. Hence, the present writ petition has been filed.

¶4The learned counsel appearing for the petitioner submitted that this Court may issue a direction to the first respondent to dispose of the appeal filed by the fourth respondent, after affording an opportunity of hearing to the fourth respondent, within a time frame to be fixed by this Court.

¶5Considering the limited scope of the prayer sought by the petitioner and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the first respondent to consider and dispose of the appeal dated 15.06.2026 in Na.Ka.No.LG2/21/2026, filed by the fourth respondent and pass appropriate orders thereon, on merits and in accordance with law, after affording sufficient opportunity to all the necessary parties, within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. [M.D.I.,J.] & [N.D.K.,J.]

18.08.2026 NCC : Yes / No Index : Yes / No Internet : Yes PKN To

¶1The District Collector, Collectorate, Virudhunagar District.

¶2The Revenue Divisional Officer, Revenue Divisional Office, Sattur, Virudhunagar District.

¶3The Tahsildar, Vembakottai Taluk, Virudhunagar District. M.DHANDAPANI

, J.

and

N.DILIP KUMAR, J. PKN

18.08.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI and THE HONOURABLE MR.JUSTICE N.DILIP KUMAR K.Dhanalakshmi ... Petitioner vs. 1. The District Collector, Collectorate, Virudhunagar District. 2. The Revenue Divisional Officer, Revenue Divisional Office, Sattur, Virudhunagar District. 3. The Tahsildar, Vembakottai Taluk, Virudhunagar District. 4. S.Kumarasamy ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the Respondent No.1 to dispose the Appeal preferred by the 4th Respondent dated 15.06.2026 (in Na.Ka.No. LG2/21/2026) under Section 10 of Tamil Nadu Land Encroachment Act and to remove the encroachment made by the Respondents No. 4 by constructing the installation of barbed wire fencing, and construction of a toilet, tin sheeted roof and stone pillars on the common pathway lane in Survey No. 425/1, classified as Government Natham Poromboke land, situated at Gopalapuram Village, Vembakottai Taluk, Virudhunagar District by considering the Petitioners representation dated 23.09.2025 and 21.01.2026. For Petitioner : Mr.N.Arjunkumar For Respondents : Mr.G.Mohan Kumar Additional Government Pleader (R1 to R3)