Case Note & Summary
The petitioner, V. Manoharan, filed a writ petition before the Madras High Court seeking a direction to the District Collector, District Revenue Officer, Revenue Divisional Officer, and Tahsildar of Namakkal District (respondents 1 to 4) to take necessary action to remove encroachments allegedly made by private respondents (K. Prabhu, K. Dinesh, P. Ambika, and Divya) on a public road situated in Survey No. 118/7, Alankanatham Privu, Senthamangalam Taluk, Namakkal District. The petitioner had made multiple representations dated 26.12.2022, 06.11.2023, 06.01.2025, 07.03.2025, and 18.08.2025 to the authorities, but no action was taken. During the hearing, the learned Additional Government Pleader appearing for respondents 1 to 4, based on written instructions from the Tahsildar, submitted that the revenue authorities had conducted a survey and identified encroachments, and further action would be initiated for their removal. In view of this submission, the court directed respondents 3 and 4 (the Revenue Divisional Officer and Tahsildar) to initiate enforcement action and remove the identified encroachments by following the procedures contemplated under the relevant statute and rules in force. The exercise was directed to be completed within a period of twelve weeks from the date of receipt of a copy of the order. The writ petition was disposed of with no order as to costs.
Headnote
A) Public Law - Encroachment on Public Road - Removal of Encroachments - Relevant Statute and Rules - Petitioner sought direction to revenue authorities to remove encroachments made by private respondents on a public road in S.No.118/7, Alankanatham Privu, Senthamangalam Taluk, Namakkal District. Revenue authorities conducted survey and identified encroachments. Court directed respondents 3 and 4 to initiate enforcement action and remove encroachments following procedures under relevant statute and rules within twelve weeks. Held that the authorities must act on identified encroachments (Paras 1-3).
Issue of Consideration
Whether the respondents should be directed to remove encroachments on a public road based on the petitioner's representations.
Final Decision
The court disposed of the writ petition directing respondents 3 and 4 to initiate enforcement action and remove encroachments identified by following procedures under relevant statute and rules within twelve weeks from the date of receipt of a copy of the order. No costs.
Law Points
- Public road encroachment
- removal of encroachments
- duty of revenue authorities
- enforcement action under relevant statute and rules
