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2025 Supreme(Online)(Mad) 42277
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, A.D.MARIA CLETE, JJ
N.Veerappan – Appellant
Versus
The District Collector Collectorate Sivagangai District – Respondent
W.P.(MD) No.26402 of 2019
For the Appellants/Petitioners: Mr.J.Senthil Kumaraiah
For the Respondents: Mr.P.Thilakkumar, Mr.S.Bharathi
The court emphasized the necessity of following statutory procedures for the removal of encroachments on public pathways.
Headnote:Statutory provisions concerning encroachments on public pathways were analyzed. The petitioner sought a mandamus for removal of encroachments as mandated by previous representations. The court found the need for a survey and identification of encroachments before enforcement actions were to be initiated. The court framed the issues around the enforcement of public rights over property. It reasoned that statutory processes must be followed to address encroachments effectively. Ultimately, the writ petition was disposed with instructions to complete survey actions within twelve weeks.
| Table of Content |
|---|
| 1. petitioner seeks removal of encroachments. (Para 1) |
| 2. submission regarding public pathway status. (Para 2) |
| 3. directives for inspection and enforcement. (Para 3) |
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
The writ on hand has been instituted seeking a direction to the respondents 1 to 3 to remove the encroachment in the public pathway made by respondents 4 & 5 in Survey Nos.263/1, 2, 4, 6, 7, 11, which are situated at Thattakudi Village, Karaikudi Taluk, Sivagangai District, by considering the petitioner's representation dated 06.11.2019 within the time stipulated by this Court.
2. Learned Government Pleader appearing for the respondents 1 to 3, on instructions, submitted that survey No.263/11 alone is a public pathway and the authorities will conduct a survey, identify the encroachments and initiate appropriate action, if there is any encroachment.
3. In view of the above submission, the Tahsildar / third respondent is directed to conduct a field inspection, survey the land and identify the encroachment and if any encroachment is found, initiate the enforcement action and remove the encroachment by following the procedures as contemplated under the relevant statutes and rules. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.
