Mandamus directs authorities to survey and remove encroachment on government burial ground after notice and hearing.

4. Shiek Abdullah ... 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 3 to remove the unlawful encroachment put up by the 4th respondent in the government land situated in New S.No. 638/4 (Old S.No.216 (Part) and S.No. 230 totally measuring about 65 cents used as burial ground (Mayanam) by considering the Petitioners representation dated 09.03.2026 and 06.04.2026.

For Petitioner : Mr.K.Chengizkhan For R1 to R3 : Mr.A.Kannan 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 3 to remove the unlawful encroachment put up by the 4th respondent in the government land situated in New S.No. 638/4 (Old S.No.216 (Part) and S.No. 230 totally measuring about 65 cents used as burial ground (Mayanam) by considering the Petitioner's representation dated 09.03.2026 and 06.04.2026.

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

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

4.It is the contention of the petitioner that the fourth respondent encroached upon the Government land. In this regard, the petitioner submitted a representations dated 09.03.2026 and 06.04.2026 before the authority concerned. Since the same has not been considered so far, the petitioner has filed the present Writ Petition.

5.The learned Additional Government Pleader appearing for respondents 1 to 3, on instructions, submitted that the petitioner’s representations dated 09.03.2026 and 06.04.2026 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 respondent 4, 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 directions, this Writ Petition is disposed of. No costs.