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R. SURESH KUMAR, G. ARUL MURUGAN
Shanmugachamy – Appellant
Versus
District Collector, Tenkasi Collector Office, Tenkasi 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 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 instru
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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