Madras High Court
WP/42405/2025 of A.M. PALANISAMY Vs THE DISTRICT COLLECTOR on 14 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
W.P.No.42405 of 2025
CNR:{HCMA012568802025}
AND
W.M.P.No.47413 of 2025
A.M. Palanisamy
… Petitioner
-vs-
1. The District Collector,
Office of The District Collector,
Salem District.
2. The Revenue Divisional Officer,
Office of The Revenue Divisional Officer, Mettur, Salem District.
3. The Tahsildar
Office Of The Tahsildar,
Omalur Taluk, Salem District.
4. The Block Development Officer,
Office of The Block Development Officer, Tharamangalam Panchayat Union, Salem District.
5. The Assistant Engineer,
Tamil Nadu Electricity Board
(TANGEDCO), Tharamangalam,
Salem District.
6. Karuppannan
… Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, directing the respondents 1 to 4 to take immediate steps to remove the
illegal encroachment and unauthorized construction made by the 6th respondent in S.No.46/1A2A1A, Kurukupatti Village, Omalur Taluk, Salem District and to safeguard the common public pathway and consequently direct the 5th respondent not to remove the electricity poles/wires as per the influence of the 6th respondent.
For Petitioner:
Mr.K.Aravindhrajan
For Respondents:
Mr.G.Abraham Prabhu, AGP for R1 to R3
Mr.S.Doraisamy for Mr.V.Elangovan for R6
No Appearance for R 4 & 5
*****
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O R D E R
(Order of the Court was made by S.M.Subramaniam,J.) Writ of Mandamus has been instituted to direct the respondents 1 to 4 to take immediate steps to remove the illegal encroachment and unauthorized construction made by the 6th respondent in S.No.46/1A2A1A, Kurukupatti Village, Omalur Taluk, Salem District and to safeguard the common public pathway and consequently direct the 5th respondent not to remove the electricity poles/wires as per the influence of the 6th respondent.
2. Tahsildar, Omalur conducted survey and issued a memo dated 20.07.2026, which shows that as per survey conducted, Revenue Authorities found that there is no encroachment in the common pathway in S.No.46/1A2A1A, Kurukupatti Village, Omalur Taluk, Salem District. The 22ft road is under public usage.
3. Learned counsel for the petitioner would submit that no survey notice was issued to petitioner before conducting survey.
4. However, notice dated 30.06.2026 would show that notice to conduct survey was issued to petitioner as well as to R6. Both Tahsildar as well as Surveyor issued notice to respective parties, by fixing a date. Therefore, it is clear that opportunity was granted to petitioner to participate in the survey process.
5. Learned Additional Government Pleader appearing for R1 to R3 also furnished a copy of written instruction given by Tahsildar, Omalur dated 12.10.2026. Perusal of the said instruction would show that no encroachments were identified in 22ft. road and it is in tact. In view of the said factum, no further adjudication needs to be undertaken. Consequently, the present Writ Petition is dismissed. No costs. Connected Miscellaneous Petition is closed. (S.M.S.,J.) (R.R.V.,J.) 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AR
S.M.SUBRAMANIAM,J. AND R.RAJESH VIVEKANANTHAN,J. AR To:
1. The District Collector, Office of The District Collector, Salem District.
2. The Revenue Divisional Officer, Office of The Revenue Divisional Officer, Mettur, Salem District.
3. The Tahsildar Office Of The Tahsildar, Omalur Taluk, Salem District.
4. The Block Development Officer, Office of The Block Development Officer, Tharamangalam Panchayat Union, Salem District.
5. The Assistant Engineer, Tamil Nadu Electricity Board (TANGEDCO), Tharamangalam, Salem District.
14-10-2026