Case Note & Summary
The petitioner, S. Anuradha, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the District Collector, Tahsildar, and Commissioner of Coimbatore Corporation to remove an encroachment allegedly in the name of religious activity at Survey No.295 in Senganur Village, Coimbatore Taluk, Coimbatore District. The respondents included the District Collector, Tahsildar, Commissioner, and a private individual, Babysutha R. The learned Additional Government Pleader, based on written instructions from the Tahsildar, Coimbatore (North), submitted that during a survey, revenue authorities identified encroachment on the road, i.e., a portion of land classified as public land had been encroached upon and some constructions were made. In view of this, the court directed respondents 2 and 3 (Tahsildar and Commissioner) to initiate enforcement action and remove the encroachments by following the procedure contemplated under the relevant statute and rules in force. The exercise was directed to be completed within twelve weeks from the date of receipt of a copy of the order. The writ petition was disposed of with no costs, and the connected miscellaneous petition was closed.
Headnote
A) Public Law - Encroachment on Public Land - Mandamus - Removal of Encroachment - Petitioner sought direction to remove encroachment allegedly in the name of religious activity on public land - Revenue authorities confirmed encroachment on road and public land - Court directed respondents 2 and 3 to initiate enforcement action and remove encroachments following procedure under relevant statute within twelve weeks (Paras 2-3).
Issue of Consideration
Whether the respondents should be directed to remove the alleged encroachment on public land at S.No.295 in Senganur Village, Coimbatore.
Final Decision
The writ petition is disposed of directing respondents 2 and 3 to initiate enforcement action and remove the encroachments by following procedure under relevant statute and rules within twelve weeks from receipt of order. No costs. Connected miscellaneous petition closed.
Law Points
- Encroachment on public land
- Mandamus
- Removal of encroachment
- Procedure under relevant statute
