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2026 Supreme(Online)(Mad) 41335
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
Subburaj – Appellant
Versus
Commissioner Coimbatore Corporation – Respondent
WP No. 32778 of 2025
For the Appellants/Petitioners: Mr.R.Prabakar
For the Respondents: Mr.N.Umapathi, Standing Counsel for R1 & R2, Mr.T.Arunkumar, Addl.G.P. for R3
Local authorities must survey for encroachments on public roads and follow statutory procedures before eviction, completing the exercise within a fixed timeframe.
Headnote:(A) Writ Petition - Public property encroachment - Approved layout - Handing over of OSR lands, roads to local body - Direction to conduct survey and remove encroachments by following due procedure under statutes
(B) Enforcement - Eviction from public land - Need to follow procedure under relevant Statutes and Rules scrupulously before evicting encroachers
Facts of the case:
Petition filed to direct authorities to remove obstructions/encroachments in public road shown in layout approval and to restore the road by considering representation.
Findings of Court:
Planning authority states in counter that OSR land, park, road and other public purpose lands have been handed over to local body. Court directs local body authorities to conduct survey, identify encroachments and initiate enforcement actions within three months.
Issues: The issue was whether directions should be issued to the respondents to remove the obstructions/encroachments in the public road and restore it to original position.
Ratio Decidendi: If any encroachments are identified, the procedure under the relevant Statutes and Rules in force shall be followed scrupulously before evicting the encroachers from the public property. (Para 4)
Result: Writ Petition disposed of with directions. There shall be no order as to costs.
| Table of Content |
|---|
| 1. factual background of petition and counter on encroachments (Para 1 , 3) |
| 2. petitioner argues encroachment obstructs public road access (Para 2) |
| 3. court directs survey and due-process removal of encroachments (Para 4) |
2026:MHC:1733 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-04-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER WP No. 32778 of 2025 Subburaj S/o Narayanasamy No 1/71, North Street Malaipatti Malaipattu, Parivilikottai Thoothukudi Tamil Andu 626 714 ..Petitioner(s)
Vs
1. The Commissioner Coimbatore Corporation, Coimbatore.
2. The Assistant Commissioner (South Zone )
Coimbatore Corporation, 3. The Joint Director / Member Secretary Coimbatore District Town Nd Country Planning Authority Corporation Complex, Coimbatore 600 018 ..Respondent(s)
To direct the respondents 1, 2 and 3 to remove the obstructions /
encroachments in the public road shown in the layout bearing approval in LP / DTCP No 1425 / 1992 situated in S.F.No 309 / Sundakkamuthur village following the proceeding of the 2nd respondent dated 26.05.2020 in N.Ka. No 2206 / 2020 / MH (S)and to restore the public road in its original position by considering petitioner representation date 08.02.2025.
For Petitioner(s): Mr.R.Prabakar For Respondent(s): Mr.N.Umapathi, Standing Counsel for R1 & R2 Mr.T.Arunkumar, Addl.G.P. for R3.
Order
(Order of the Court was made by S.M.Subramaniam J.)
The writ petition has been instituted to direct Respondents 1 to 3 to remove the obstruction / encroachments in the public road shown in the layout bearing approval in LP/DTCP No.1425/1992 situated in S.F.No.309 /1 Sundakkamuthur Village, following the proceedings of the 2 respondent dated nd
26.05.2020 in Na.Ka.No.2206 / 2020/ MH(S) and to restore the public road in the original position by considering petitioner’s representation dated
08.02.2025.
2. The learned counsel for the writ petitioner would submit that the public road has been encroached upon causing obstruction to the petitioner as well as the people residing in that locality.
3. The Joint Director (Incharge), District Town and Country Planning, Coimbatore has filed a counter affidavit stating that the OSR land, park, road and other public purpose land in the approved layout have already been handed over to Coimbatore Corporation and therefore, the encroachments, if any, to be removed by the Corporation Authorities by following the procedure.
4. In view of the said stand taken by the Joint Director, District Town and Country Planning authority, the respondents 1 and 2, namely, the Commissioner and the Assistant Commissioner, Coimbatore Corporation, are directed to conduct a survey, identify the OSR lands as well as encroachments on the streets, roads and initiate appropriate enforcement actions. If any encroachments are identified, the procedure under the relevant Statutes and Rules in force shall be followed scrupulously before evicting the encroachers from the public property. The entire exercise is directed to be done within three months from the date of receipt of a copy of this order. 5. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. (S.M.S.,J.) (K.S.,J.)
