The central legal point established in the judgment is the obligation of the authorities to remove encroachments for the benefit of the public and the directive to conduct a survey to remove all such encroachments made on the road in public interest and for the free usage of the road.

JUDGMENT

(Prayer: WP 22899 of 2016 is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents from causing any damage to the petitioner''s house under construction in his patta land bearing S.No.630/5, Mylampatti Village Natham, Thevur Village, Sankari Taluk, Salem District under the Solar Powered Green Housing Scheme as per the order made in Na.Ka.No.139/15 dated 27.02.2016 passed by the second respondent, until the entire extent of S.Nos.621 and 630/4 are surveyed.

WP 5661 of 2017 is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order made in Na.Ka.No.139/2015 dated 14.02.2017 passed by the second respondent, quash the same and also issue direction to the respondents to disburse the construction cost of Rs.2,10,000/- as per the work order dated 27.02.2016 made in Na.Ka.No. 139/2015 issued by the second respondent.)

Common Order:

1. WP 22899 of 2016 is filed to forbear the respondents from causing any damage to the petitioner''s house under construction in his patta land bearing S.No.630/5, Mylampatti Village Natham, Thevur Village, Sankari Taluk, Salem District under the Solar Powered Green Housing Scheme as per the order made in Na.Ka.No.139/15 dated 27.02.2016 passed by the second respondent, until the entire extent of S.Nos.621 and 630/4 are surveyed.

2. WP 5661 of 2017 is filed to call for the records pertaining to the impugned order made in Na.Ka.No.139/2015 dated 14.02.2017 passed by the second respondent, quash the same and also issue direction to the respondents to disburse the construction cost of Rs.2,10,000/- as per the work order dated 27.02.2016 made in Na.Ka.No. 139/2015 issued by the second respondent.

3. The petitioners state that the first petitioner is the owner of a house site measuring 574 sq. ft., bearing S.No.630/5, Mylampatti Village Natham, Thevur Village, Sankari Taluk, Salem District by virtue of a Sale Deed dated 07.06.2004. While-so, the Solar Powered Green Housing Scheme introduced by the Government and the petitioner submitted an application to avail the benefit of the said Scheme.

4. The respondents considered the application submitted by the petitioner and passed orders on 27.02.2016 to construct a house in the property belongs to the petitioner. The Authorities conducted an inspection and approved the construction work in Natham in S.No.630/5. The construction works are over and the third respondent filed WP No.13499 of 2016 against the official respondents and the wife of the first writ petitioner T.Selvi to issue a Writ of Mandamus for removing the house constructed under the Solar Powered Green Housing Scheme. The said writ petition was filed on the ground that the petitioner encroached upon a portion of the public road. This Court passed an order on 12.04.2016, which reads as under:-

“Considering the limited scope of the relief sought by the petitioner, without going into the merits of the case, we direct the fifth respondent to consider and pass appropriate orders on the petitioner''s representation dated 19 March 2016 on its own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Needless to state that an opportunity of hearing be afforded to the alleged encroacher, viz., the sixth respondent, before taking any consequential action, if need be.

The writ petition stands disposed of with the above direction and observation. Costs made easy.”

5. Since the Authorities have initiated action based on the direction issued by this Court in WP No.13499 of 2016, the petitioner has filed WP No.5661 of 2017 seeking the relief to forbear the respondents from causing damage to the portion of the property and WP No.22899 of 2016 seeking the relief to forbear the respondents from causing any damage to the petitioner''s house under construction in his patta l