Madras High Court Disposes of Writ Petition Seeking Removal of Encroachment on Government Pathway as Encroachments Already Removed. Petitioner Granted Liberty to Approach Authorities if Further Encroachments Occur.

High Court: Madras High Court
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Case Note & Summary

The petitioner, K.C. Mani, filed a writ petition before the Madras High Court seeking a direction to the official respondents (District Collector, Tahsildar, Revenue Tahsildar, and Land Revenue Inspector of Erode District) to remove encroachments allegedly made by private respondents (P. Kaladevi, P. Divyapriya, P. Suresh, and K.V. Palanisamy) on a government pathway known as Nilaviyal Vandi Padhai in R.S.No.295/3, 6, Goundachipalayam Village, Perundurai Taluk, Erode District. The petitioner relied on proceedings of the 2nd respondent dated 26.12.2019 in Na. Ka. No. 7501/2019/A8 and a consequential notice dated 31.01.2020 issued under Section 6 of the Tamil Nadu Land Encroachment Act. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that the encroachments had been removed. In view of this submission, the court disposed of the writ petition, clarifying that if any further encroachments are made or exist, the petitioner is at liberty to give a complaint to the competent authority, and upon receipt of such complaint, the authorities shall act in accordance with law. No costs were awarded.

Headnote

A) Land Law - Encroachment - Removal of Encroachment - Tamil Nadu Land Encroachment Act, 1905, Section 6 - The petitioner sought removal of encroachments by private respondents on a government pathway. During hearing, counsel for petitioner submitted that encroachments had been removed. The court disposed the writ petition as infructuous, granting liberty to the petitioner to approach the authorities if further encroachments occur. (Paras 1-2)

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Issue of Consideration

Whether the writ petition seeking removal of encroachment on a government pathway survives when the encroachments have already been removed.

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Final Decision

Writ petition disposed of as encroachments removed. Petitioner at liberty to complain if further encroachments exist. Authorities to act in accordance with law. No costs.

Law Points

  • Encroachment removal
  • Writ petition disposed as infructuous
  • Liberty to approach authorities
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Case Details

2026 LawText (MAD) (02) 276

W.P.No.6364 of 2022

2026-02-16

S. M. Subramaniam, C.Kumarappan

2026:MHC:621

MR.M.Guruprasad (for petitioner), MR.T.ARUN KUMAR (AGP for RR1 to 4), MR.R.P.RUBAN CHAKRAVARTHY (for R5 to R7)

K.C.Mani

The District Collector, Erode District, Erode; The Tahsildar, Perundurai Taluk, Erode District; The Revenue Tahsildar, Perundurai Taluk, Erode District; The Land Revenue Inspector, Vellode, Erode District; P.Kaladevi; P.Divyapriya; P.Suresh; K.V.Palanisamy

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Nature of Litigation

Writ petition seeking removal of encroachment on government pathway.

Remedy Sought

Direction to official respondents to remove encroachments made by private respondents on government pathway.

Filing Reason

Alleged encroachment by private respondents on government pathway.

Previous Decisions

Proceedings dated 26.12.2019 and notice dated 31.01.2020 under Section 6 of Tamil Nadu Land Encroachment Act.

Issues

Whether the writ petition survives when encroachments have been removed.

Submissions/Arguments

Counsel for petitioner submitted that encroachments had been removed.

Ratio Decidendi

When encroachments are removed, the writ petition seeking removal becomes infructuous and is disposed of, with liberty to approach authorities if further encroachments occur.

Judgment Excerpts

When the matter is taken up for hearing, learned counsel for the petitioner would submit that encroachments had been removed. In view of the above submission, the present Writ Petition is disposed of.

Procedural History

Writ petition filed in 2022. Heard on 16-02-2026. During hearing, counsel submitted encroachments removed. Petition disposed on same date.

Acts & Sections

  • Tamil Nadu Land Encroachment Act, 1905: Section 6
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