WP/19053/2026 of M.SURESH Vs The District Collector on 14 October 2026

ORDER

(Order of the Court was made by S.M.Subramaniam, J.) Writ of Mandamus has been instituted to direct the respondents to remove the encroachment in public pathway situated in Government poromboke lands in in S.Nos.523/1, 505/2, 507/4, 501/3 and 457/5.

2. The learned counsel appearing for the petitioner would submit that the public pathway has been encroached upon by the impleaded respondents. It is a public pathway classified as “Pathai Poromboke”. Since no action has been initiated, the present writ petition filed.

( Uploaded on: 26/10/2026 06:10:34 pm )

WP.No.19053 of 2026

3. The learned Government Advocate would submit that show cause notice was issued on earlier occasion for removal of encroachments, but the said show cause notice was not further pursued and the revenue authorities again initiated all appropriate enforcement action to remove the encroachments by following the procedures.

4. The learned Senior Counsel appearing for the impleaded respondents would submit that they have given an alternate land to the Panchayat for formation of road. Therefore, the said portion classified as Pathai Poramboke is not in public use.

5. This disputed fact between the parties cannot be adjudicated in the present writ proceedings. At the outset, the petitioner says that it is a Pathai Poramboke meant for public usage and therefore, the encroachments are to be removed. Since the notice already issued was not pursued by the authorities, the official respondents 1 to 4 are directed to conduct survey and if encroachments are identified, then initiate enforcement action for removal of all such encroachments to ensure that the public pathway has been put in public usage. In this

( Uploaded on: 26/10/2026 06:10:34 pm )

WP.No.19053 of 2026

regard, the authorities may issue a fresh show cause notice to the alleged encroachers and the encroachers are at liberty to submit their representations in response to the show cause notice. After taking a final decision, enforcement action shall be commenced by following all procedures as contemplated under the relevant statute and rules in force. The entire exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above directions, the writ petition stands disposed of. No costs. (S.M.S.,J.) (R.R.V.,J.) 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cse

( Uploaded on: 26/10/2026 06:10:34 pm )

WP.No.19053 of 2026

To

1. The District Collector, Salem Collectorate, Salem - 636 001.

2. The Revenue Divisional Officer, Sankari Revenue Division, Salem - 637 601.

3. The Tahsildar, Sankari Taluk Office, Salem - 637 601.

4. The Block Development Officer, Sankari Panchayat Union, Sankari - 637 601.

( Uploaded on: 26/10/2026 06:10:34 pm )

WP.No.19053 of 2026

S.M.SUBRAMANIAM, J. AND R.RAJESH VIVEKANANTHAN, J. cse WP.No.19053 of 2026 14-10-2026

( Uploaded on: 26/10/2026 06:10:34 pm )