Mandamus directs authorities to survey and remove encroachments on public roads after notice and hearing.

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)No.8948 of 2026 D.Kanagashuba ... Petitioner Vs.

1.The District Collector, O/o.Collectorate, Thoothukudi District.

2.The Tashildar, Taluk Office, Thiruchendur, Thoothukudi District.

3.Sabarish

4.M.Karthikkeyan ...Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 and 2 to remove the illegal encroachment made on the public street road in Survey No.788/4, Selvan Puthiyavanur, Sendhamangalam Village, Thiruchendur Taluk, Thoothukudi District based on the petitioner's representation dated

05.01.2026 within a stipulated time frame as may be fixed by this Court.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.J.Ashok (R1 & R2)

Additional Government Pleader

ORDER

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

The petitioner has filed this writ petition seeking a direction to the respondents 1 and 2 to remove the illegal encroachment made on the public street road in Survey No.788/4, Selvan Puthiyavanur, Sendhamangalam Village, Thiruchendur Taluk, Thoothukudi District based on the petitioner's representation dated 05.01.2026 within a stipulated time frame as may be fixed by this Court.

2.Mr.J.Ashok, learned Additional Government Pleader, accepts notice for the respondents 1 and 2. In view of the order proposed to be passed in this writ petition, notice to the third and fourth respondents is dispensed with.

3.By consent of both parties, this writ petition is taken up for final disposal at the time of admission itself.

4.The grievance of the petitioner is that the representation submitted by the petitioner to remove the encroachment made by the private respondents in the public street, was not considered. Hence, the petitioner has filed this present writ petition.

5.The learned Additional Government Pleader appearing for respondents 1 and 2, on instructions, submitted that the petitioner's representations 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 second and third respondents 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 direction, this writ petition is disposed of.