Madras High Court
WP/17082/2026 of R. Devarajan Vs The District Collector on 6 October 2026
W.P.No.17082 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2026
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
W.P.No.17082 of 2026
CNR:{HCMA010800662026}
R.Devarajan
… Petitioner
-vs-
1. The District Collector
Collectorate, Salem - 636 001.
2. The Municipal Commissioner
Salem City Municipal Corporation,
Salem - 636 001.
3. The Tahsildar
Salem South, Salem
4. The Village Administrative officer
Uthamasolapuram Village, Salem.
5. The President
Uthamasolapuram Village Panchayat,
Salem.
6. Palanisamy
… Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, directing the Respondent 1 to 4 to remove the encroachment made by the 6th respondent by invoking the Land Encroachment Act, 1905 in the public Pathway in S.Nos.65/6, 7 and 8 of Uthamasolapuram village, Salem District based on petitioner’s representation dated 23.05.2024.
W.P.No.17082 of 2026
For Petitioner:
Mr.L.Ramanathan
For Respondents:
Mr.R.Hashwanth, GA for R1, R3 & R4
Mr.S.Nithieshvar for R6
Ms.N.Devi, Standing Counsel for R2
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O R D E R
(Order of the Court was made by S.M.Subramaniam,J.) This Writ Petition has been filed for a direction to the respondents 1 to 5 to remove the encroachment made by the 6th respondent by invoking the Land Encroachment Act, 1905 in the public Pathway in S.Nos.65/6, 7 and 8 of Uthamasolapuram village, Salem District based on petitioner’s representation dated 23.05.2024.
2. When the matter is taken up for hearing, learned Government Advocate appearing for Respondents 1, 3 and 4 would submit that the subject property situated in S.Nos.65/6, 7 and 8 of Uthamasolapuram Village, Salem District is a private land and not a public pathway.
3. In view of the said submission, parties are relegated to approach the competent Civil Court, if any property dispute exists and the Writ Petition is not maintainable.
W.P.No.17082 of 2026
Consequently, the present Writ petition is dismissed. No costs. (S.M.S.,J.) (R.R.V.,J.) 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AR To:
1. The District Collector Collectorate, Salem - 636 001.
2. The Municipal Commissioner Salem City Municipal Corporation, Salem - 636 001.
3. The Tahsildar Salem South, Salem
4. The Village Administrative officer Uthamasolapuram Village, Salem.
5. The President Uthamasolapuram Village Panchayat, Salem.
W.P.No.17082 of 2026
S.M.SUBRAMANIAM,J. AND R.RAJESH VIVEKANANTHAN,J. AR W.P.No.17082 of 2026 06-10-2026