Madras High Court
WP/40472/2026 of BALAMNAIKANDAN Vs THE DISTRICT COLLECTOR on 15 October 2026
WP No. 40472 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 40472 of 2026
CNR: {HCMA012133332026}
Balamnaikandan
..Petitioner(s)
Vs
1. The District Collector
District Collectorate,
Salem District,
Salem
2. The revenue Divisional Officer
Revenue Divisional Office,
Cuddalore main road,
Attur Taluk,
Salem District,
3. The Tahsildar
Thalaivasal Taluk,
Salem District,
4. The Head Surveyor
Thalaivasal Taluk,
Salem District,
5. The Village Administrative Officer
Kattukottai Village,
Thalaivasal Taluk,
Salem District,
6. Bapilakshmi
7. Venkatachalam
..Respondent(s)
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2026:MHC:4329
WP No. 40472 of 2026
Writ Petition filed under Article 226 of the Constitution of India issuing writ of certiorarified mandamus calling for the records in
C.P. No.05/2026/A1 dated 31.08.2026 on the file of 3rd Respondent and quash the same and consequently direct the respondents 1 to 5 to consider the petitioners representation dated 28.08.2026 and to remove the encroachment made by the respondents 6 and 7 by conduct a proper survey and measurement of the public burial ground comprised in Survey No.278/1 Kattukottai Village, Thalaivasal Taluk, Salem District and grant such other relief.
For Petitioner(s):
Mr.K.Manikandan
For Respondent(s):
Mr.K.Surender
Special Government Pleader For R 1-6
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ORDER
(Order of the Court was made by S.M.Subramaniam J.) With reference to the relief as such sought for in the present petition, the learned Special Government Pleader, based on written instructions given by the Tahsildar, Salem would submit that enforcement actions were initiated. He would further submit that Tahsildar ordered to conduct survey of the subject property and in the event of identifying any encroachments, authorities will remove the same by following the procedure.
2. In view of the submissions of the learned Special Government Pleader, respondents are directed to conduct survey and in the event of
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2026:MHC:4329 WP No. 40472 of 2026
identifying any encroachments, authorities shall remove the same by offering opportunities to the parties and by following the procedure as contemplated under the relevant statutes and Rules in force. The entire exercise is directed to be completed within a period of twelve weeks from the date of receipt of copy of this order.
3. With the above direction, writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions if any are closed. (S.M.S.,J.) (R.R.V.,J.) 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD
1. The District Collector District Collectorate, Salem District, Salem
2. The revenue Divisional Officer Revenue Divisional Office, Cuddalore main road, Attur Taluk, Salem District,
3. The Tahsildar Thalaivasal Taluk, Salem District,
4. The Head Surveyor Thalaivasal Taluk, Salem District,
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2026:MHC:4329 WP No. 40472 of 2026
5. The Village Administrative Officer Kattukottai Village, Thalaivasal Taluk, Salem District,
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2026:MHC:4329 WP No. 40472 of 2026
S.M.SUBRAMANIAM, J. AND R.RAJESH VIVEKANANTHAN, J. GD WP No. 40472 of 2026 15-10-2026
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