Mandamus issued directing removal of encroachments on public road and cart track within 12 weeks per statutes.

(Order of the Court was made by S.M.Subramaniam J.)

The Writ of Mandamus has been instituted to direct the respondents 1 and 2 to remove the encroachments on the public cart road in Survey No.105, Moolapalayam, Erasinampalayam Village, Dharapuram Taluk, Tiruppur District to enable the petitioner to have free access to his land in survey No.104/B2, Erasinampalayam Village, Dharapuram Taluk, Tiruppur District through the public cart road.

2. The learned Senior Counsel appearing on behalf of the petitioner would mainly contend that on account of encroachment in the public road, the petitioner is unable to have free access to his patta land. However, during pendency of the present Writ Petition, the encroachments in the public road had already been removed by the competent Authority. However, the encroachments are yet to be removed in respect of cart track (vandi padhai).

3. The learned Additional Government Pleader would submit that field inspection and survey has already been conducted and encroachments are identified both in public road as well as in cart track.

4. That being the factum, the respondents 1 and 2 are directed to initiate action for removal of encroachments both in public road as well as in cart track by following the procedures as contemplate under the relevant statutes and Rules and by affording opportunity to the parties. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. No costs.