The main legal point established in the judgment is the need to conduct a survey to identify encroachments on public lands and to take appropriate action for their removal under the relevant laws.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachments made by the respondents 6 to 8 in T.S.Nos. 33 in Ward-D Block No.21 and TS No.1 in Ward-D, Block No.27, Kodaikanal, in the light of the proceedings bearing Na.Ka.No. 1638/2018/Aa1 dated 03.09.2019 on the file of the 4th respondent based on the petitioner''s representation given to the respondents 1 to 3 and 5 dated 30.11.2019.)

S.S. Sundar, J.

1. M/s.Hotel Mayfield (P) Ltd., Madurai, has filed W.P(MD)No. 186 of 2020 for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachments made by the respondents 6 to 8 in T.S.No.33 in Ward-D, Block No.21 and T.S.No.1 in Ward-D, Block No.27, Kodaikanal, in the light of the proceedings bearing Na.Ka.No.1638/2018/Aa1 dated 03.09.2019 on the file of the 4th respondent based on the petitioner''s representation given to the respondents 1 to 3 and 5 dated 30.11.2019.

2. It is the case of the petitioner that the lands comprised in T.S.No.1 in Ward-D, Block No.27, Kodaikanal, belong to the Kodaikanal Municipality and the lands in T.S.No.33 in Ward-D, Block No.21 belong to the State Highways. It is the contention of the petitioner that the 6th respondent not only encroached upon the aforesaid lands belong to the Kodaikanal Municipality as well as the State Highways, but also his lands in respect of which the petitioner was given patta and in enjoyment. It is now admitted before this Court that a suit is also filed by the petitioner as against the 6th respondent for permanent injunction in respect of their patta lands and the said suit is pending. It is the case of the petitioner that the prayer in W.P(MD)No.186 of 2020 is confined to the lands vest with the Kodaikanal Municipality and the State Highways.

3. The petitioner in WP(MD)No.186 of 2020 filed a writ petition in W.P(MD)No.11114 of 2020 for issuing a Writ of Mandamus, directing the respondents 1 to 3 therein, namely, the District Collector, Dindigul, the Tahsildar, Kodaikanal, and the Commissioner, Kodaikanal Municipality, to take appropriate action against the private respondents 4 to 6 therein for their encroachments in T.S.No.33 in Ward-D, Block No.21, Kodaikanal Town. By order dated 15.09.2020, this Court disposed of the said writ petition and taking into consideration the facts projected and the report of the Tahsildar as to the encroachment, a direction was issued to the 2nd respondent therein, namely, the Commissioner, Kodaikanal Municipality, to adhere to due process of law and the principles of natural justice and cause removal of encroachments and to complete the same within a period of 12 weeks from the date of receipt of the copy of the order dated 15.09.2020 passed in that writ petition.

4. Pursuant to the said direction issued to the Kodaikanal Municipality to proceed with removal of encroachment by some of the private respondents including the petitioner in W.P(MD)No.18637 of 2020, the Kodaikanal Municipality issued an eviction notice dated 17.11.2020, in terms of the provisions of the Tamil Nadu District Municipalities Act, 1920, to the review applicants namely, Alphones, Yesuraja and Balaji, for removing the encroachments put up by them in an extent of 74.00 square meters in T.S.No.33, Block No.21, Ward-D belong to the Kodaikanal Municipality. As regards the direction issued to the State Highways in W.P(MD)No.11114 of 2020, dated 07.12.2020, the Assistant Divisional Engineer, Construction & Maintenance, Kodaikanal, issued an eviction notice under Section 28(i) and (ii) of the Tamil Nadu Highways Act, 2001, to the review applicants namely, Alphones, Yesuraja and Balaji, directing them to remove the encroachment put up by them in the Highways'' land. Challenging the said eviction notice, the first review petitioner namely, Alphonse, filed a writ petition in W.P(MD)No.18637 of 2020. Contending that without affording any opportunity