Mandamus directs authorities to enforce prior order removing public road encroachment via due process within stipulated time.

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P(MD)No.7734 of 2026 Uma ... Petitioner vs.

1.The District Collector, Virudhunagar District.

2.The Tahsildar, Aruppukottai, Virudhunagar District. 3.The Village Administrative Officer, Mandapasalai.

4.The Block Development Officer, Mandapasalai.

5.Vanaraj ... 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 remove the encroachment made by the fifth respondent in the public road comprised in Survey No.508/36 at Mandapasalai Village, Aruppukottai Taluk, Virudhunagar District, in accordance with the order dated 07.10.2025 passed by the second respondent, and consequently restore the public drainage channel to its original condition by removing the unauthorised cement covering.

For Petitioner : Ms.V.Vidhyalakshmi For Respondents : Mr.A.Kannan (R1 to R4)

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 remove the encroachment made by the fifth respondent on the public road comprised in Survey No.508/36 at Mandapasalai Village, Aruppukottai Taluk, Virudhunagar District, in accordance with the order dated 07.10.2025 passed by the second respondent, and consequently to restore the public drainage channel to its original condition by removing the unauthorised cement covering.

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 respondents 1 to 4. Considering the limited relief sought by the petitioner, notice to the fifth respondent is dispensed with.

4.It is the contention of the petitioner that the fifth respondent has illegally and unauthorisedly encroached upon the public road. In this regard, the petitioner submitted a representation dated 02.07.2025 before the authorities concerned. After conducting a detailed enquiry, the second respondent, by order dated 07.10.2025, confirmed that the property in question is a public pathway and that the fifth respondent has encroached upon the same. Despite the said order having been passed as early as on 07.10.2025, no effective action has been taken till date to remove the encroachment. Hence, the present Writ Petition.

5.The learned Additional Government Pleader appearing for respondents 1 to 4, on instructions, submitted that action has already been initiated and that notices under Sections 7 and 6 have been issued, and that the encroachments would be removed within a stipulated time frame.

6.In view of the above, the authorities concerned are directed to remove the encroachments, after affording sufficient opportunity of hearing to the petitioner, the fifth respondent and all the parties concerned and by following due process of law. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.