A.Palanichamy vs The District Collector,

Court: Madras High Court
Case type: WP
Decided on: 24-03-2026

<div> 2026:MHC:1184 W.P.No.11286 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.03.2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER W.P.No.11286 of 2026 A.Palanisamy S/o.P.Alagaiyya (Late) ... Petitioner vs. 1. The District Collector Erode District Collectorate Erode – 638 011. 2. The Commissioner Erode City Municipal Corporation Erode – 638 011. 3. The Assistant Commissioner Zone-II, Periyasemur Erode City Municipal Corporation Erode. 4. The Tahsildar Erode Taluk Erode District. 5. B.Jothi W/o.Balusamy … Respondents Page Nos.1/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/03/2026 05:22:52 pm ) W.P.No.11286 of 2026 Writ Petition filed under Article 226 of the Constitution of India nd rd seeking a Writ of Mandamus, directing the 2 and 3 respondents to remove th the encroachment put forth by the 5 respondent on the public road and tree th belonged to the Erode City Municipal Corporation at Thendral Nagar, 9 Street, Periyasemur, Villarasampatti Post, Erode District – 638 107, based on the petitioner’s representation dated 03.02.2026. For Petitioner : Mr.A.Suresh Sakthi Murugan For Respondents : Mr.T.Arun Kumar Additional Government Pleader for R1 and R4 Mr.M.Raja Mathivanan Standing Counsel, for R2 and R3 * O R D E R [Made by S.M.SUBRAMANIAM, J., ] nd rd The writ on hand has been instituted to direct the 2 and 3 th respondents to remove the encroachment put forth by the 5 respondent on the public road and tree belonged to the Erode City Municipal th Corporation at Thendral Nagar, 9 Street, Periyasemur, Villarasampatti Post, Erode District – 638 107, based on the petitioner’s representation dated 03.02.2026. Page Nos.2/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/03/2026 05:22:52 pm ) W.P.No.11286 of 2026 2. Mr.A.Suresh Sakthi Murugan, learned counsel for the petitioner would submit that the road portion has been encroached upon by the fifth respondent by installing a religious statue. The modus operandi of such encroachers normally begins with the installation of idols of God in public places, roads and thereafter, they slowly start constructing buildings. At that stage, it would be very difficult for the authorities to remove the encroachments. All such encroachments must be removed at the initial stage and no person should be permitted to install religious statues or idols on public roads so as to ensure the free flow of traffic and for the benefits of road users. 3. Since the photographs filed by the petitioner would show that some religious idols have been installed beneath a tree, the respondents 2 and 3 are directed to conduct a field inspection and survey to identify encroachments. If any encroachments are found, the respondents 2 and 3 shall issue notice by following the procedures as contemplated under relevant Statutes and Rules in force. It is needless to state that opportunity shall be provided to the fifth respondent or to any other encroachers, as the case may be. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. Page Nos.3/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/03/2026 05:22:52 pm ) W.P.No.11286 of 2026 4. With the above observations, the Writ Petition stands disposed of. There shall be no order as to costs. (S.M.S.,J.) (K.S.,J.) 24.03.2026 Index : Yes Neutral Citation : Yes Speaking order mk To 1. The District Collector Erode District Collectorate Erode – 638 011. 2. The Commissioner Erode City Municipal Corporation Erode – 638 011. 3. The Assistant Commissioner Zone-II, Periyasemur Erode City Municipal Corporation Erode. 4. The Tahsildar Erode Taluk Erode District. Page Nos.4/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/03/2026 05:22:52 pm ) W.P.No.11286 of 2026 </div><table><thead><tr><th>S. M. SUBRAMANIAM</th><th>, J.,</th></tr></thead><tbody><tr><td></td><td>and</td></tr></tbody></table><div> mk W.P.No.11286 of 2026 24.03.2026 Page Nos.5/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/03/2026 05:22:52 pm )</div>