Authorities must conduct a survey and follow due process before removing encroachments from public roads.

(Order of the Court was made by N.SATHISH KUMAR, J.)

The petitioner has filed the present Writ Petition seeking a direction to the respondents 1 to 5 to remove the encroachment caused by the respondents 6 to 9 at public road situated in Survey No.265/6 at Kamankottai Village, Paramakudi Taluk, Ramanathapuram District.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3.Mr.A.Kannan, learned Additional Government Pleader, accepts notice for the official respondents. Considering the limited relief sought for by the petitioner, notice to the respondents 6 to 9 is dispensed with.

4.It is the contention of the petitioner that the respondents 6 to 9 have encroached upon the public road to an extent of 13 feet width at Kamankottai Village. In this regard, the petitioner submitted a representation dated 14.03.2025 before the authority concerned. Since the same has not been considered so far, the petitioner has filed the present Writ Petition.

5.The learned Additional Government Pleader appearing for respondents 1 to 5, on instructions, submitted that the petitioner’s representation dated 14.03.2025 would be considered and that the authorities concerned would conduct a survey of the land in question in the presence of all the parties concerned. He further submitted that appropriate action would be taken to remove the encroachment, if any.

6.In such view of the matter, the authorities concerned are directed to conduct a survey in the place in question, after issuing notice to the petitioner, the fourth respondent, and all other parties concerned, if any, within a period of two weeks from the date of receipt of a copy of this order. If the survey reveals any encroachment, the authorities concerned shall take necessary action for the removal of such encroachment, after affording sufficient opportunity of personal hearing to all the parties concerned and by following due process of law, within a period of three months thereafter.

7.With the above directions, this Writ Petition is disposed of. No costs.