Madras High Court
Administrative and Public LawProperty and Real Estate Law

Authorities must remove public-land encroachments within twelve weeks after following due process.

V.B.SABARIMUTHU vs THE DISTRICT COLLECTOR

Madras High CourtJUDGMENT: October 06, 20261 MIN READSOURCE JUDGMENT
Authorities must remove public-land encroachments within twelve weeks after following due process.. V.B.SABARIMUTHU vs THE DISTRICT COLLECTOR. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner sought removal of alleged encroachments in Survey No. 346, Vengampur Village, Kodumudi Taluk, and protection of the land as road poramboke for transport use

Source reference: p. 2

The State submitted that the authorities had identified encroachments, issued notices on 6 and 21 August 2026, and were arranging a re-survey after the alleged encroachers requested one

Source reference: p. 3

Respondent 10, who was impleaded, alleged that the petitioner had also encroached on public property

Source reference: p. 3
02

Issues

Whether the authorities should be directed to complete enforcement action to remove the alleged encroachments in Survey No. 346

Source reference: pp. 2–3

Whether the authorities should also investigate and take action if the petitioner is found to have encroached on public property

Source reference: p. 3
03

Law Applied

The Court referred generally to the procedures prescribed by the applicable Act and Rules, directing that enforcement action be carried out in accordance with them

Source reference: p. 3

The order’s stated procedural basis was that the authorities had issued notices and were undertaking a re-survey to establish whether the alleged encroachments were on public property

Source reference: p. 3
04

Reasoning

As enforcement action had already commenced, the Court directed the authorities to continue it in accordance with the applicable procedures and complete the exercise within twelve weeks of receiving the order

Source reference: p. 3

Respondent 10’s allegation concerning the petitioner was not determined by the Court; instead, the authorities were directed to verify it and take appropriate action in accordance with law if an encroachment was identified

Source reference: p. 3
05

Holding

The writ petition was disposed of with directions to complete the enforcement exercise concerning the alleged encroachments within twelve weeks and, if the petitioner is found to have encroached on public property, to take appropriate action in accordance with law

No costs were ordered

Source reference: p. 4
Madras High Court

Original Court PDF

V.B.SABARIMUTHUvsTHE DISTRICT COLLECTOR

Madras High Court · October 06, 2026

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