Case Note & Summary
The petitioner, A. Mathew, filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus directing respondents 1 to 7 to remove the encroachment made by the eighth respondent, P. Rathinasamy, in Survey Field No. 43/1, Anamalai Hills Village, Valparai Taluk, Coimbatore District, and to demolish the unauthorized construction put up thereon at 9/253H, Kakkan Colony, Valparai. The Joint Director of Town and Country Planning filed a counter affidavit stating that a notice had been issued on 15.12.2025 to the eighth respondent directing him to provide approval details and ownership documents within 7 days, failing which action would be taken under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971. The Tahsildar, Valparai, also initiated action to identify the land encroachment. A status report from the Tahsildar revealed that the petitioner's wife, Mrs. Jodhis, had been granted HSD Patta No. 65/1417 in site no. 46 for an extent of 60 square meters in SF No. 43/1, and she had obtained approval for construction from the Valparai Municipality. However, during a survey by the Taluk Deputy Surveyor, it was found that she had encroached on the southern side by 1.4 meters east-west and on the eastern side by 1 meter south-north, totaling an excess of 40 square meters. The court, after hearing the submissions, directed the respondents 1 to 7 to take appropriate action against the encroachment and unauthorized construction in accordance with law, within a period of eight weeks from the date of receipt of a copy of the order. The writ petition was disposed of with these directions.
Headnote
A) Constitutional Law - Writ of Mandamus - Encroachment - Article 226 of Constitution of India - Petitioner sought direction to remove encroachment by eighth respondent on SF 43/1, Anamalai Hills Village - Court found that petitioner's wife had been granted HSD Patta for 60 sq meters but had encroached an additional 40 sq meters - Held that the authorities must take appropriate action against the encroachment and unauthorized construction in accordance with law (Paras 1-4).
Issue of Consideration
Whether the respondents should be directed to remove the encroachment and unauthorized construction made by the eighth respondent on the petitioner's land.
Final Decision
The court directed respondents 1 to 7 to take appropriate action against the encroachment and unauthorized construction in accordance with law, within eight weeks from receipt of copy of the order. The writ petition was disposed of.
Law Points
- Writ of Mandamus
- Encroachment
- Unauthorized Construction
- Tamil Nadu Town and Country Planning Act
- 1971
- Sections 56 and 57
- Article 226 of Constitution of India
