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R. SURESH KUMAR, G. ARUL MURUGAN
V. Isakkiappan – Appellant
Versus
District Collector / Monitoring Committee, Kanyakumari District – Respondent
ORDER :
R.SURESH KUMAR, J.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachment made by the 7th respondent in the petitioner's allotted property in Plot No.65 in Survey No.202/2 situated at Shenbagaraman Pudur Village, Thovalai Taluk, Kanyakumari District within a time frame as fixed by this Conduct.
The prayer sought for herein is for a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachment made by the 7th respondent in the petitioner's allotted property in Plot No.65 in Survey No.202/2 situated at Shenbagaraman Pudur Village, Thovalai Taluk, Kanyakumari District.
2.The property at Plot No.65 in S.No.202/2, admittedly is an allotted property for the petitioner by the Government. In that property, it is the allegation of the petitioner that the seventh respondent has encroached upon. Therefore, to remove the same, this Writ Petition has been filed by the petitioner.
3.Heard the learned Counsel appearing on either side.
4.Since it is an admitted fact that, the property in question is an allotted property, exclusively for the petitioner, therefore it has
Encroachment disputes on government-allotted property must be resolved in civil court, not through writ petitions under Article 226 of the Constitution.
Authorities are mandated to act on representations regarding encroachments on government land, ensuring timely removal of such encroachments to protect public property rights.
A Writ of Mandamus is unnecessary when the action sought has already been completed by the encroacher.
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