Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
PARESH UPADHYAY, R. VIJAYAKUMAR, JJ.
S. Soundararajan - Appellant
Versus
The District Collector, Dindigul & Others - Respondent
W.P.(MD) No. 2193 of 2021
Decided On : 04-04-2022
Mandamus - Illegal Encroachment on Public Road - The court directed respondents to remove encroachment on public road in Survey No.78/2 and await the result of civil proceedings for other survey numbers.
Fact of the Case:
The writ petition was filed seeking a direction to remove illegal encroachment on a public road in specific survey numbers. Civil suit was pending for other survey numbers.
Finding of the Court:
The court directed respondents to remove the encroachment on Survey No.78/2 and await the result of civil proceedings for other survey numbers. The writ petition was disposed of with this direction and observation.
Issues: Illegal encroachment on public road, pending civil suit for other survey numbers
Ratio Decidendi: The court decided to remove the encroachment on Survey No.78/2 and await the result of civil proceedings for other survey numbers.
Final Decision: The court directed respondents to remove the encroachment on Survey No.78/2 and await the result of civil proceedings for other survey numbers.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing respondents 1 to 3 herein to forthwith remove the illegal encroachment made by the respondents 4 and 5 herein on public road laid in Survey Nos. 78/2, 86/2,86/1A & 86/1B in Manalur Village, Athur Taluk, Dindigul District denying right of access to the users of public and to the patta lands in Survey Nos. 91/1, 91/2, 89/1B, 87/2A, 87/2B, 87/1A, 87/3, 96/1, 96/3 in Manalur Village, Athur Taluk, Dindigul District and consequently direct respondents 1 to 3 herein to maintain the same free from access.)
R. Vijayakumar, J.
1. The present writ petition has been filed for a Writ of Mandamus, seeking a direction to respondents 1 to 3 herein to forthwith remove the illegal encroachment made by the respondents 4 and 5 herein on public road laid in Survey Nos. 78/2, 86/2,86/1A & 86/1B in Manalur Village, Athur Taluk, Dindigul District.
2. Learned Additional Government Pleader appearing for the statutory authorities pointed out that except Survey No.78/2, for all other Survey Numbers civil suit is pending in appeal stage.
3. As admitted by the parties to the proceedings Survey No.78/2 has been classified in the revenue records as 'public road'. According to learned counsel for the petitioner, the fifth respondent has encroached the said survey number and blocked the pathway. However, learned counsel for the fifth respondent contends that the fifth respondent has not blocked Survey No.78/2.
4. Considering the facts and circumstances of the case and the submissions made on behalf of learned advocates for the respective parties, we direct respondents 1 to 3 to remove the encroachment, if any, made in Survey No.78/2 in the above said village. With respect to the alleged encroachment made in other Survey Sumbers civil suit is pending in the first appeal stage in A.S.No.44 of 2018 on the file of the Principal Sub Court, Dindigul. The parties shall await the result in the civil proceedings.
5. The Writ Petition stands disposed of with the above direction and observation. No costs.
The court can issue a mandamus to remove illegal encroachment on a public road and await the result of civil proceedings for other survey numbers.
The court emphasizes the need for a survey and due process in cases of encroachment on public lands.
Mandamus directs authorities to enforce prior order removing public road encroachment via due process within stipulated time.
Mandamus directs authorities to survey and remove encroachments on public roads after notice and hearing.
Court directed the removal of illegal encroachments on public roads within a specified timeframe.
Mandamus directs survey and removal of encroachments on public pathways after due process.
The legal principle established is that 'vandipathai' cannot be encroached upon, and the court can issue a Writ of Mandamus to direct the removal of encroachment.
Mandamus issued to remove encroachments from public pathway via due process after verification.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
