IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.SUNDAR, K.GOVINDARAJAN THILAKAVADI, JJ
S.Arumugam – Appellant
Versus
Commissioner, Greater Chennai Corporation, Rippon Buildings – Respondent
ORDER
M.SUNDAR, J.
Subject matter of captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) is a 'land comprised in R.S.Nos.1754/1, 1752/2 Part of Tondiarpet Division of Chennai Corporation, Chennai' (hereinafter 'said land' for the sake of convenience and clarity).
2. Ms.Anna Mathew, learned counsel on record for writ petitioner submits that said land is a public road, there is encroachment in said land and that the alleged encroachers are private respondents (R5 to R10).
3. Repeated requests and representations to official respondents have not yielded results and that has necessitated captioned main WP with a mandamus prayer is learned counsel's say.
4. Issue notice to official respondents.
5. Ms.Rekha Roshini G, learned counsel representing Mr.S.Gopinathan, learned Standing Counsel accepts notice for R1 to R3 and Ms.V.Vijayalakshmi, learned Standing Counsel accepts notice for R4.
5. We find that survey qua said land is imperative and therefore we suo motu implead Tahsildar, Tondiarpet Taluk, Chennai – 600 081 as R11. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R11.
6. This Court is of the considered view that survey of said land by R11 i
The court mandated a survey of encroached public land and outlined procedural requirements for addressing encroachments under the Tamil Nadu Urban Local Bodies Act.
Authorities are required to assess encroachment claims and act within legal frameworks, ensuring fair hearings.
Authorities must survey and remove public land encroachments via due process within stipulated time.
Mandamus directs authorities to survey and remove public pathway encroachments after notice and hearing.
The court established that compliance with procedural requirements, specifically the issuance of a show cause notice, is essential in encroachment proceedings under the TNULB Act.
The court affirmed the authority's duty to follow due process in encroachment cases under the Tamil Nadu Land Encroachment Act.
Mandamus issued directing survey and removal of encroachment on public street after notice and due process.
Court directed survey and removal of encroachment ensuring due process and fair hearing.
Authorities must conduct a survey and follow due process before removing encroachments from public roads.
Authorities are obligated to remove identified encroachments on public roads, and the affected parties must be provided an opportunity to defend their case following relevant statutes.
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