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D. KRISHNAKUMAR, L. VICTORIA GOWRI
R. Muthukani – Appellant
Versus
District Collector, Tirunelveli – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to remove the encroachment put up by the third respondent on a public pathway in S.Nos.1130/5 and 1130/9 at Madha Kovil Street, Koodankulam Village, Radhapuram Taluk, Tirunelveli District within a time stipulation as prescribed by this Court.)
L. Victoria Gowri, J.
1. The petitioner has filed this writ petition seeking to direct the second respondent to remove the encroachment put up by the third respondent on a public pathway in S.Nos.1130/5 and 1130/9 at Madha Kovil Street, Koodankulam Village, Radhapuram Taluk, Tirunelveli District within a time stipulation as prescribed by this Court.
2. Heard Mr.A.Kesavan, learned Counsel for the petitioner, Mr.M.Sarangan, learned Additional Government Pleader for the respondents 1 and 2 and Mr.A.Prasanna Rajadurai, learned Counsel for the third respondent carefully and perused the materials available on record.
3. The petitioner has filed this Writ Petition aggrieved by the non consideration of her representation dated 02.12.2022 by the second respondent with regard to the removal of encroachment
Enforcement of the Tamil Nadu Land Encroachment Act, 1905 to remove encroachments on public pathways and government lands.
Court mandates removal of encroachments in public pathways under relevant statutes, emphasizing due process in administrative actions.
The court affirmed the authority's duty to follow due process in encroachment cases under the Tamil Nadu Land Encroachment Act.
Court directed survey and removal of encroachment ensuring due process and fair hearing.
Mandamus directs authorities to survey and remove encroachments on public pathway land following due process.
Encroachments on public pathways cannot be legalized, and authorities must take action for removal following due process.
Court mandates survey and action on encroachments upon petitioner's representations regarding public land use.
Court directs removal of encroachments on government land after notice under Tamil Nadu Land Encroachment Act, S.6, with time-bound completion.
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