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IN THE HIGH COURT OF MADRAS, MADURAI BENCH
R. SURESH KUMAR, G. ARUL MURUGAN, JJ.
Shanmugachamy - Petitioner
Versus
The District Collector, Tenkasi Collector Office, Tenkasi District and Ors. – Respondents
W.P.(MD)No.15504 of 2024
Decided On : 12-07-2024
MANDAMUS - ENCROACHMENT REMOVAL - The court addressed a Writ of Mandamus seeking the removal of encroachments on highway property. The court found that the encroachment had already been removed by the encroacher, as confirmed by the official respondents, leading to the disposal of the petition without costs.
Fact of the Case:
The petitioner filed a Writ Petition under Article 226 of the Constitution of India, requesting the removal of encroachments on highway property in specific survey numbers at Panthapuli Revenue Village, based on prior representations.
Finding of the Court:
The court noted that the encroachment had already been removed by the encroacher, as per the written instructions from the fifth respondent, and the petitioner agreed to record this development.
Issues: Whether the encroachment on highway property had been effectively removed and if the Writ of Mandamus was necessary.
Ratio Decidendi: The court determined that since the encroachment was already removed, the Writ of Mandamus was no longer required, leading to the disposal of the petition.
Result: The Writ Petition was disposed of, with no order as to costs.
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 5 to remove the encroachment made by the 7th respondent and other private persons in highways property in Natham S.No.695, 699 situated at Panthapuli Revenue Village, Sankarankovil Taluk, Tenkasi District, based on the petitioner's representation dated 02.01.2024, 15.01.2024 and survey conducted by the second respondent within a stipulated time that may be fixed by this Court.)
The prayer sought for herein is for a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the 7th respondent and other private persons in highways property in Natham S.No.695, 699 situated at Panthapuli Revenue Village, Sankarankovil Taluk, Tenkasi District, based on the petitioner's representations dated 02.01.2024, 15.01.2024.
2. Today, when the case is taken up for hearing at the admission stage, learned Special Government Pleader appearing for the official respondents has produced the written instructions given by the fifth respondent, where he has stated the following:
3. Relying upon this written instructions, learned Special Government Pleader would submit that the encroachment which is sought to be removed has already been removed by the encroacher himself and that has been recorded by the fifth respondent in the said report.
4. Having receipt of the said report, learned Counsel for the petitioner submits that the said development may be recorded and this Writ Petition may be disposed of.
5. Recording the said report, this Writ Petition is disposed of. There shall be no order as to costs.
A Writ of Mandamus is unnecessary when the action sought has already been completed by the encroacher.
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.
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'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 ....
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