Mandamus directs authorities to follow Tamil Nadu Land Encroachment Act procedure for encroachment removal.

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

The petitioner has filed the present Writ Petition seeking a direction to the second respondent to remove the encroachment allegedly made by the third respondent on the pathway comprised in Survey No. 627/14, situated at Amarapoondi Village, Palani Taluk, Dindigul District, by considering the petitioner’s representations dated 27.09.2024 and

24.12.2025.

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

3.Mr.A.Kannan, learned Additional Government Pleader, accepts notice for the respondents 1 and 2. Considering the limited relief sought by the petitioner, notice to the third respondent is dispensed with.

4.It is the contention of the petitioner that the third respondent has encroached upon the pathway by extending his building over the same, as a result of which the residents of 3^rd street are unable to access their respective houses. In this regard, the petitioner submitted a representation dated 24.12.2025 before the authorities concerned. As the same has not been considered thus far, the present Writ Petition has been filed.

5.The learned Additional Government Pleader appearing for respondents 1 to 3, on instructions, submitted that Form-7 notice has already been issued to the encroacher and that the authorities are yet to issue Form-6 notice. He further submitted that appropriate action would be taken for removal of the encroachment in accordance with law.

6.Considering the above, and having regard to the statutory scheme under the Tamil Nadu Land Encroachment Act, 1905, this Court directs the authorities concerned to proceed further in accordance with law and complete the eviction proceedings, if encroachment is found, by issuing the requisite notices, affording an opportunity of personal hearing to all parties concerned, and pass reasoned orders. Thereafter, appropriate steps shall be taken for removal of the encroachment, strictly in adherence to the procedure contemplated under the Act. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.