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2026 Supreme(Online)(Mad) 50617
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, R.Poornima, JJ
Mayandi – Appellant
Versus
District Collector – Respondent
W.P(MD)No.19708 of 2022|W.M.P(MD)No.23059 of 2023
For the Appellants/Petitioners: T.Selvam
For the Respondents: M.P.Senthil
The court directed public authorities to conduct a formal survey of alleged encroachments and follow due process of law before any removal, ensuring notice is served to all interested parties.
Headnote:The petitioner filed a Writ Petition under Art. 226 of the Constitution of India seeking a Writ of Mandamus to direct the authorities to remove encroachments made by private parties on a common street. The court directed the concerned authority to conduct a survey and follow due process of law if encroachments are substantiated. The main issue is whether the authorities are mandated to remove alleged encroachments upon a common public pathway. The court reasoned that in complaints of encroachment, the statutory authorities must conduct a formal survey after providing notice to all interested parties, thereby ensuring adherence to the principle of due process of law. The Writ Petition is disposed of accordingly.
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| 1. court mandates a formal survey to determine encroachment and directs adherence to due process. (Para 1 , 2 , 3 , 4) |
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the 6th and 7th respondents in the 5 ft Common Street, situated at North Street, Parpakulam Village, Palayamkottai Taluk, Tirunelveli District based on the petitioner's representation dated 01.07.2022.
ORDER
(Order of the Court was made by G.R.Swaminathan J.)
Heard the learned counsel for the writ petitioner and the learned Government Advocate appearing for the respondents 1 to 5.
2.The petitioner is a resident of Krishnapuram in Palayamkottai Taluk. He alleges that the private respondents have encroached upon the petition mentioned common street.
3.The petitioner is permitted to submit a fresh representation before the third respondent. Upon receipt thereof, the third respondent shall conduct survey after issuing notices to all the encroachers / interested parties, including the private respondents herein. Survey exercise shall be done within a period of two months from the date of receipt of a copy of this order. If encroachments are noticed, the third respondent shall remove the encroachments by adhering to due process of law. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.
4.This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
