Courts can direct administrative bodies to survey property and address encroachments on public pathways through appropriate legal frameworks.

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.]

The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 5, to survey the public pathway and remove the encroachment made by the respondents 5 to 12 on the public pathway in Survey Nos.218/55 and 218/14, Manalmettupatti, Sokkalingapuram Village, Melur Taluk, Madurai District, within a stipulated period.

2. According to the petitioner, the private respondents 5 to 12, have encroached upon the petition mentioned public pathway. In this regard, a representation has been made by the petitioner on 18.05.2023. Since no action has been taken by the authorities, the petitioner has filed this writ petition with the aforesaid prayer.

3. The learned Additional Government Pleader appearing for the official respondents would submit that the petitioner has also obtained a decree of mandatory injunction for removal of encroachment.

4. The learned counsel appearing for respondent Nos.5, 7, 8 & 10, would submit that these respondents have no objection for conducting a survey of the property in question with the help of Taluk Surveyor. The learned counsel would further submit that if it is found that there is encroachment by them, these respondents will agree to remove such encroachment.

5. In view of the said submission made, we direct the respondents

2 and 3, to consider the representation of the petitioner, dated 18.05.2023 and pass appropriate orders, on merits and in accordance with law, after conducting a survey of the property in question. It is needless to say that the respondents 2 and 3 have to conduct a survey with the assistance of the Talk Surveyor, after issuing notice to all the parties concerned. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition stands disposed of.

No Costs.

[D.K.K., J.] [P.D.B., J.

08.03.2024 Index : Yes/No NCC : Yes/No PM To:

1 The District Collector Madurai District, Madurai.

2 The Tahsildar, Melur Taluk, Madurai District.

3 The Block Development Officer, Kottampatti Panchayat Union, Melur Taluk, Madurai District. 4 The President, Sokkalingapuram Panchayat, Kottampatti Panchayat Union, Melur Taluk, Madurai, District.

D.KRISHNAKUMAR, J.

and P.DHANABAL, J.

PM W.P.(MD)No.23930 of 2023

08.03.2024