Mandamus directs survey and removal of encroachment on gifted public road land after notice and hearing.

5. P.Veena ...Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3^rd respondent to take action for the removal of obstruction made on the panchayat road in S.N. 46/7, Thirumohur Village, Madurai East Taluk, Madurai District considering the petitioner's representation dated 10.09.2025 within the time that may be stipulated by this Court.

For Petitioner : Mr.M.Mahaboob Athiff For Respondents : Mr.J.Ashok (R1 to R4) Additional Government Pleader

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.)

The petitioner has filed this writ petition seeking a direction to the 3rdrespondent to take action for the removal of obstruction made on the panchayat road in S.N.46/7, Thirumohur Village, Madurai East Taluk, Madurai District considering the petitioner's representation dated 10.09.2025 within the time that may be stipulated by this Court.2. According to the petitioner, 5threspondent had gifted land to an extent of 1463.47 sq.mt. in S.N.46/7, Thirumohur Village, Madurai East Taluk, Madurai District to the local body, by a gift deed and the said land was specifically allotted for layout road. However, the 5threspondent had erected a wall measuring 9 metres on the area designated for layout road. In this regard, the petitioner has also sent representation dated 10.09.2025 to the respondents to remove the offending wall. However, the same was not considered by the respondents till date.

Hence, the petitioner has filed this present writ petition.

3. The learned Additional Government Pleader appearing for respondents 1 to 4, on instructions, submitted that the petitioner's representation dated 10.09.2025 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.

4. In such view of the matter, the second respondent is directed to conduct a survey in the place in question, after issuing notice to the petitioner, 5^th respondent and all other parties concerned within a period of two weeks from the date of receipt of a copy of this order. If the survey reveals any encroachment, the 2^nd respondent 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.

5. With the above direction, this writ petition is disposed of.