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2026 Supreme(Online)(Mad) 26862

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, R.Poornima, JJ
Immaculin Sharmily – Appellant
Versus
The District Collector / Chair Person, Dindigul District, Dindigul – Respondent
W.P(MD) No.8933 of 2024



Advocates:
For the Appellants/Petitioners: Mr.J.Lawrance
For the Respondents:Mr.S.Vinoth Government Advocate for R1 to R5

Directs authorities to verify and remove confirmed encroachment on public street via due process.

Headnote:The writ petition under Article 226 of the Constitution seeks a mandamus directing authorities to remove encroachment on a public street in specified survey number and restore it to original position upon considering the representation. Essential facts include the petitioner's complaint of a sump constructed encroaching public street, confirmed by revenue authority's counter affidavit. The court finds encroachment established and directs notice and removal if verified. The primary issue is whether the alleged construction constitutes encroachment on public street. The court's reasoning emphasizes confirmation by revenue authority and mandates due process for removal, prioritizing public interest over procedural delays despite non-service on private respondent. The writ petition is disposed of with directions to the third respondent to issue notice, verify encroachment, and complete removal within four months.

Table of Content
1. proceeds despite non-service on private respondent. (Para 1)
2. petitioner alleges and authority confirms street encroachment. (Para 2)
3. directs notice, verification, and encroachment removal within four months. (Para 3)

(Order of the Court was made by G.R.SWAMINATHAN, J.)

Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader for R1 to R5. The sixth respondent is yet to be served. But on this ground, we do not propose to adjourn this matter.

2. The writ petitioner is a resident of Panjampatti village in Authoor Taluk, Dindgul district. He complains that the sixth respondent by putting up a sump had committed encroachment on a public street comprised in the petition mentioned survey number. The counter affidavit filed by the Revenue Authority confirms the said allegation.

3. Be that as it may, we direct the third respondent to issue notice in this regard to the sixth respondent calling for his explanation. If the third respondent is satisfied that the sixth respondent had committed encroachment on a public street, the said encroachment shall be removed by adopting due process of law. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order. The Writ Petition is disposed of accordingly. No costs.

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