The court emphasizes the need for a survey and due process in cases of encroachment on public lands.

6.S.Gopal ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider and dispose of the petitioner's representation dated 09.12.2025 and to remove the encroachments made by the respondents 5 and 6 in land Survey No. 338/47, which is classified as a public street road in the village account in K.Vellakulam Village, Kallikudi Taluk, Madurai District, and to restore the said street road to its original condition within a time frame as may be fixed by this Court.

For Petitioner : Mr.M.Anbarasan For Respondents : Mr.D.Sasi Kumar (R1, R2 & R4)

: Mr.A.Kannan (R3)

Additional Government Pleader

ORDER

(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 4 to consider and dispose of the petitioner’s representation dated 09.12.2025, and to remove the encroachments made by the respondents 5 and 6 in the land in Survey No. 338/47, which is classified as a public street road in the village account of K. Vellakulam Village, Kallikudi Taluk, Madurai District, and to restore the said street road to its original condition.

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

3.Mr.D.Sasi Kumar, learned Additional Government Pleader accepts notice for the respondents 1, 2 and 4 and Mr.A.Kannan, learned Additional Government Pleader, accepts notice for the third respondent.

Considering the limited relief sought for by the petitioner, notice to the respondents 5 and 6 is dispensed with.

4.It is the contention of the petitioner that the respondents 5 and

6 have encroached upon the public road by constructing steps and other structures, thereby narrowing and obstructing it. In this regard, the petitioner submitted a representation dated 09.12.2025 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 4, on instructions, submitted that the petitioner’s representation dated 09.12.2025 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 respondents 5 and 6, 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. Consequently, connected Miscellaneous Petition is closed.