Court affirms that writ petitions under Article 226 can direct state authorities to address public land encroachments.

The present writ petition, styled as public interest litigation, filed under Article 226 of the Constitution of India seeks a direction to respondent Nos.1 to 5 to remove the encroachment made by the sixth respondent on the government poramboke land/public pathway comprising in Survey Nos.54/2 and 55 situated at Amman Koil Kadu, Aadaiyur Village, Edappadi Taluk, Salem District, as also a direction to respondent Nos.1 to 5 to lay a road by considering the representation dated 16.10.2025 within a time frame.

2. Learned counsel for respondent/State, on written instructions, stated that the Edappadi Taluk Surveyor has issued summons to conduct survey of the aforesaid survey numbers on 13.3.2026. If any encroachment is identified during the survey conducted on the said date, action will be taken to remove the encroachment under the provisions of the Tamil Nadu Land Encroachment Act, 1905.

3. Learned counsel for the petitioner is not pressing for the second relief with regard to laying the road and has restricted her prayer to removal of encroachment alone.

4. In view of the written statement submitted by learned counsel for respondent Nos.1 to 5, no further adjudication is required in this public interest litigation. Accordingly, the writ petition is disposed of directing respondent Nos.1 to 5 to complete the survey and take a decision in accordance with law and pass a reasoned and speaking order as expeditiously as possible.

There shall be no order as to costs.