Back
2026 Supreme(Online)(Mad) 34635
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.SURENDER, JJ
P.Manivasagam – Appellant
Versus
The District Collector, Namakkal District. – Respondent
W.P.No.28200 of 2022 | W.M.P.No.27491 of 2022
For the Appellants/Petitioners: Mr.M.Karthik
For the Respondents: Mr.T.Arun Kumar, Mr.M.S.Prem Kumar
The court affirmed that petitioners can seek Mandamus regarding illegal encroachments while recognizing the existing land grants that affect the authority of local government bodies.
Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - Petition filed for directing removal of illegal construction encroaching public road - The petition seeks enforcement of the petitioner's representation to act against the encroachment. (Paras 1, 2, 3)
Facts of the case:
The petitioner alleges illegal construction by a respondent on public land and requests the authorities to act. A counter affidavit revealed that an encroachment claim could not proceed due to the grant of natham patta to the respondent.
Findings of Court:
The writ petition is disposed of with directions for authorities to act against any further encroachment.
Issues: The main issue is the legal authority regarding enforcement against unauthorized construction on public land.
Ratio Decidendi: The court recognized the validity of the natham patta and deemed no action necessary unless further encroachment occurs.
Result: Writ petition disposed of; no costs.
| Table of Content |
|---|
| 1. evidence of granted natham patta affecting the petition (Para 2) |
| 2. court's direction regarding future encroachments (Para 3) |
Order
[Order of the Court was made by S.M.SUBRAMANIAM, J.]This writ petition has been filed to direct the respondents 1 to 3 to consider the petitioner’s representation dated27.05.2022 to remove the illegal house constructed by the 5threspondent by encroaching the public road situated in SurveyNo.13/2A of Pallakuzhi Village, Namakkal District andconsequently direct the respondents 1 to 3 to restrain the 5threspondent from making any unauthorized further construction inthe said road.
2. The learned Additional Government Pleader appearing for the respondents 1 to 3 produced a counter affidavit filed by the Thasildar, Tiruchengode, which shows that a natham patta has been granted to the 3rd respondent for an extent of 21.5 s.q. mt. In view of the said position, no further action needs to be undertaken.
3. In view of the above, this writ petition stands disposed of. No costs. Connected miscellaneous petition is closed. 4. It is made clear that, if any further encroachment is made by the 3rd respondent, the competent authorities are directed to initiate appropriate action. Thus, the 3rd respondent is restrained from encroaching upon any further extent of Government land beyond the extent already assigned in his favour.
