WP/48722/2025 of G.JEGANATHAN Vs THE DISTRICT COLLECTOR on 15 October 2026

Order

(Order of the Court was made by S.M.Subramaniam J.) The present writ petition has been instituted to directing the respondents 1 to 3 to remove the encroachment in the form of compound wall put up by the 4th respondent in public road classified as Bostiti Street comprised in S.No.580/3C, Nanthiyalam Village, Walajah Taluk, Ranipet District by considering petitioners representation dated 09.10.2025.

2. Learned counsel for the petitioner would submit that the subject land is situated in S.No.580/3C, Nanthiyalam Village, Walajah Taluk, Ranipet District. It is classified as "Boostiti Street", which acts as ingress and egress to the lands belonging to the writ petitioner in S.Nos.583/1, 583/3, 627/3, 628/1C and 628/2. The petitioner states that the 4th respondent constructed a compound wall in and around his house surrounding the entire survey number leaving no space for ingress and egress of the petitioner's lands. The petitioner made a request to the respondents 1 to 3 to initiate action for removal of encroachments and to maintain the Boostiti Street for the

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convenience of public usage. Since no action has been initiated, the present writ petition came to be instituted.

3. Learned counsel for the 4th respondent would oppose by stating that no notice was issued to the 4th respondent. Earlier notice issued to the 4th respondent under Section 7 of the Land Encroachment Act came to be challenged by way of a writ petition in W.P.No.36414 of 2025 and this Court passed a final order on 24.09.2025, setting aside the notice and directing the authorities to issue notice to the petitioner for production of the documents pertaining to the title claimed by the petitioner to the Revenue Tahsildar / third respondent and on production of such documents, after verifying the same necessary survey be conducted.

4. Learned counsel for the 4th respondent contends that no notice was issued as per the order passed in the writ petition. The said submission deserves no merit consideration since the learned Government Advocate appearing for the official respondents would submit that two notices were issued pursuant to the order dated 24.09.2025 passed in W.P.No.36414 of 2025. First notice was issued on 13.03.2026 and the second notice was issued on 05.06.2026. Both the notices were addressed to the 4th respondent. However, he has not responded to the notice, nor produced the documents before the Tahsildar for verification.

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5. This Court has considered the rival submissions made by the parties to the lis.

6. Even during the adjudication of the earlier writ proceedings before this Court in the writ petition wherein the 4th respondent challenged the show cause notice issued under Section 7 of the Land Encroachment Act, this Court made a finding that a portion of the subject land has been classified as "Boostiti Street (public pathway)". If at all any plan marked detail a portion of the pathway has been classified as "Boostiti Street (public pathway)", then such portion of the land vests with the Government. In this regard, Clause 25 of the Revenue Standing Order 26 (RSO 26) reads as under: "15.Encroachments on plan-marked details:-- A plan-marked channel or pathway running in a patta land is a Government land. Eviction of encroachment in such lands need be invoked only in cases where the encroacher has interfered with the plan marked detail so as to close its entrance to and exit from his lands. In the case of pathways and cart tracks which have been used by the public till recently, the ryot should not be allowed to shift the course of the details to suit his own convenience.

7. The above RSO states that a plan-marked channel or pathway running in a Patta land is a Government land. Once a particular pathway has

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been classified as public pathway as per the revenue records, then the encroachment identified in the said pathway is to be removed by the competent authorities by following the procedures as contemplated under the provisions of the Land Encroachment Act, 1905.

8. In the present case, Section 7 show cause notice was issued. The said notice came to be challenged by the 4th respondent in W.P.No.36414 of 2025. This Court set aside the notice and directed the authorities to issue notice inviting documents from the 4th respondent. Pursuant to the same, the Tahsildar issued two notices on 13.03.2026 and 05.06.2026. However, the learned counsel for the 4th respondent would submit that the 4th respondent has not received the said notices. In order to comply with the said directions, this Court directed the 4th respondent to take a copy of the aforesaid show cause notices dated 13.03.2026 and 05.06.2026 through his counsel, who is present before this Court.

9. In view of the service of notices issued by the Tahsildar to the 4th respondent, the 4th respondent is at liberty to submit all documents to the Tahsildar within a period of two weeks from the date of receipt of a copy of this order. On receipt of such documents, the Tahsildar shall verify the same, conduct a survey as directed by this Court in the order dated 24.09.2025 made in W.P.No.36414 of 2025 and thereafter take a final decision. It is made

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clear that the Tahsildar, while conducting enquiry, shall afford an opportunity to the writ petitioner to participate and raise his objections. If the subject land has been classified as “Boostiti Street (public pathway)” then the encroachments identified are to be removed by issuance of final notice under Section 6 of the Land Encroachment Act. The two notices now issued in pursuance to the order passed in W.P.No.36414 of 2025 is to be treated as show cause notice under Section 7 of the Act. The entire exercise is directed to be completed within a period of four weeks from the date of receipt of a copy of this order.

10. With the above directions, the writ petition stands disposed of. No costs. (S.M.S.,J.) (R.R.V.,J.) 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST

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To

1. The District Collector Collector Office, Ranipet District.

2. The Revenue Divisional Officer Revenue Officer Office, Walajah Taluk, Ranipet District.

3. The Tahsildhar Walajah Taluk, Ranipet District.

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S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WP No. 48722 of 2025 15-10-2026

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