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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SANJAY V. GANGAPURWALA, P.D. AUDIKESAVALU, JJ.
AFT Rajiv Gandhi Nagar Kudiyiruppor Nalachangam Rep. by its President Rajasekaran, Pondicherry – Appellant
Versus
The Chief Secretary, Chief Secretariat, U.T. of Puducherry & Others – Respondents
W.P. No. 26446 of 2023
Decided On : 13-09-2023
Encroachment - Public Road - The court disposed of the writ petition seeking removal of encroachment on the public road, based on the submissions of the petitioner and the Government Pleader.
Fact of the Case:
The petitioner filed a petition seeking a writ of mandamus to remove encroachment on the public road. The respondent authorities conducted an enquiry and informed the Deputy Collector about the encroachment. The seventh respondent had filed a civil suit regarding the encroachment.
Finding of the Court:
The court disposed of the writ petition based on the submissions of the petitioner and the Government Pleader, stating that if there is no order of injunction in force, the authorities would proceed in accordance with the law regarding the encroachment.
Issues: Encroachment on public road, existence of order of injunction, stage of civil suit filed by the seventh respondent
Ratio Decidendi: The court's decision was influenced by the absence of an order of injunction and the assurance from the Government Pleader that the authorities would proceed in accordance with the law regarding the encroachment.
Final Decision: The writ petition stands disposed of with no order as to costs.
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 6 remove the encroachment made by the 7th respondent on the public road to an extent of 10 feet x 252.5 feet in the 20 feet AFT Rajiv Gandhi Nagar Main Road, Thavalakuppam Revenue Village, Ariyankuppam Commune, Pooranankuppam post, Puducherry.)
SANJAY V. GANGAPURWALA, C.J.
1. Heard Mr.K.S.Ilangovan, learned counsel for the petitioner and Mr.S.Raveekumar, learned Government Pleader (Puducherry) for the respondents 1 to 6.
2. According to the petitioner, there is an encroachment on the public road in the layout. An enquiry was conducted by the respondent Authorities and the Taluk Office, Government of Puducherry has also informed the Deputy Collector (Revenue) (North) about the existence of the encroachment after the enquiry.
3. It is submitted that the seventh respondent has filed a civil suit impleading the petitioner as well as the Government Officers as parties and the said suit is at the stage of evidence.
4. We are not aware whether there is any order of injunction in force. According to the learned counsel for the petitioner, order of injunction does not exist. Learned Government Pleader (Puducherry) submits that if there is no order of injunction in force, then the Authorities would proceed, in accordance with law, with regard to the encroachment.
5. In view of the said submissions, the writ petition stands disposed of. There will be no order as to costs.
The court's decision was influenced by the absence of an order of injunction and the assurance from the Government Pleader that the authorities would proceed in accordance with the law regarding the ....
Mandamus directs authorities to enforce prior order removing public road encroachment via due process within stipulated time.
The court upheld that administrative findings are authoritative unless clear evidence of encroachment is presented, leading to the dismissal of the writ petition.
Court mandates survey and action on encroachments upon petitioner's representations regarding public land use.
Mandamus directs authorities to survey and remove encroachments on public pathway land following due process.
Court directed the removal of illegal encroachments on public roads within a specified timeframe.
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.
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