Case Note & Summary
The writ petition was filed by M.Suresh seeking a mandamus to direct respondents 2 to 4 (District Collector, Tahsildar, and Village Administrative Officer) to remove the illegal encroachment made by respondents 6 and 7 (E.Ramasamy and Santhi) on a cart-track public road comprised in S.F.No.286/5, Dinnapatti Village, Mettur Taluk, Kolathur Sub-registration District, Salem District. The petitioner had made a representation dated 02.04.2025. The court noted that revenue authorities had conducted an inspection and survey, identifying encroachments under RSO 26(15). It was clarified that a cart-track, even if earmarked in patta land, is Government land. Consequently, notices under Sections 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905 were issued. Aggrieved, respondents 6 and 7 filed a statutory appeal under Section 10 of the Act before the District Collector, who conducted an elaborate enquiry and passed a speaking order on 23.01.2025, directing removal of encroachments in view of RSO 26(15) and G.O.Ms.No.2254, Revenue dated 22.05.1962, as the subject portion was recorded as a pathway in the FMB sketch and must be maintained for public benefit. The court directed respondents 2 to 5 to remove all encroachments and restore the cart-track as a public road within twelve weeks from receipt of the order. The writ petition was disposed of with no order as to costs.
Headnote
A) Land Law - Encroachment on Public Road - Cart-track as Government Land - The court considered whether a cart-track recorded in FMB sketch and even if situated in patta land is Government land - Held that such cart-track is Government land and encroachments must be removed under the Tamil Nadu Land Encroachment Act, 1905, following procedures under Sections 6 and 7, and the District Collector's speaking order dated 23.01.2025 was upheld (Paras 2-4).
Issue of Consideration
Whether the respondents 2 to 4 should be directed to remove the illegal encroachment made by respondents 6 and 7 on a cart-track public road based on the petitioner's representation.
Final Decision
The court directed respondents 2 to 5 to remove all encroachments in the cart-track and make it a public road for the benefit of the locality, within twelve weeks from the date of receipt of a copy of the order. The writ petition was disposed of with no order as to costs.
Law Points
- Cart-track even in patta land is Government land
- Encroachments to be removed under Tamil Nadu Land Encroachment Act
- 1905
- RSO 26(15) and G.O.Ms.No.2254 dated 22.05.1962 apply
- Statutory appeal under Section 10 of the Act
- Speaking order by District Collector
Case Details
2026 LawText (MAD) (04) 12
S.M.SUBRAMANIAM, K.SURENDER
Mr.K.Prabakaran, Mr.T.Arunkumar, Mr.S.Karthikei Balan
The Commissioner of Land Administration, The District Collector, The Tahsildar, The Village Administrative Officer, The Block Development Officer, E.Ramasamy, Santhi
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to remove illegal encroachment on a cart-track public road.
Remedy Sought
Petitioner sought direction to respondents 2 to 4 to remove illegal encroachment made by respondents 6 and 7 on cart-track public road in S.F.No.286/5, Dinnapatti Village, Mettur Taluk, by considering his representation dated 02.04.2025.
Filing Reason
Alleged illegal encroachment by respondents 6 and 7 on a cart-track public road, which is Government land.
Previous Decisions
Revenue authorities conducted inspection and survey, identified encroachments under RSO 26(15). Notices under Sections 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905 were issued. Respondents 6 and 7 filed a statutory appeal under Section 10 before the District Collector, who passed a speaking order on 23.01.2025 directing removal of encroachments.
Issues
Whether the cart-track public road is Government land and encroachments must be removed under the Tamil Nadu Land Encroachment Act, 1905.
Submissions/Arguments
Petitioner argued that the cart-track is a public road and encroachments by respondents 6 and 7 are illegal.
Respondents 6 and 7 appealed against the removal order, but the District Collector upheld the removal after enquiry.
Ratio Decidendi
A cart-track, even if situated in patta land, is Government land. Encroachments on such land must be removed following the procedures under the Tamil Nadu Land Encroachment Act, 1905, including issuance of notices under Sections 6 and 7, and after a speaking order by the appellate authority under Section 10.
Judgment Excerpts
The cart-track earmarked even in the patta land is Government land and therefore, encroachments, if any, identified are to be removed by following procedures under the provision of the Tamil Nadu Land Encroachment Act, 1905.
The District Collector, conducted an elaborate enquiry and passed a speaking order on 23.01.2025, stating that the encroachments are to be removed in view of RSO 26(15) and G.O.Ms.No.2254, Revenue dated 22.05.1962.
Procedural History
Petitioner filed writ petition on 02.04.2025 representation. Revenue authorities issued notices under Sections 7 and 6 of the 1905 Act. Respondents 6 and 7 appealed under Section 10 to District Collector, who passed speaking order on 23.01.2025. The writ petition was disposed of on 29.04.2026.
Acts & Sections
- Tamil Nadu Land Encroachment Act, 1905: Section 6, Section 7, Section 10
