Case Note & Summary
The petitioner, P.Manivasagam, filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct respondents 1 to 3 (District Collector, Revenue Divisional Officer, and Thasildar of Namakkal District) to consider his representation dated 27.05.2022. The representation sought removal of an illegal house constructed by the 5th respondent, Sadasivam, allegedly encroaching upon a public road in Survey No.13/2A of Pallakuzhi Village, Namakkal District. The petitioner also sought a consequential direction to restrain the 5th respondent from making any unauthorized further construction on the said road. The respondents 1 to 3, represented by the Additional Government Pleader, produced a counter affidavit filed by the Thasildar, Tiruchengode. The counter affidavit revealed that a natham patta had already been granted to the 3rd respondent (Thasildar) for an extent of 21.5 square meters. In view of this, the court held that no further action was required regarding the alleged encroachment. The court disposed of the writ petition with no costs and closed the connected miscellaneous petition. However, the court made it clear that if any further encroachment is made by the 3rd respondent, the competent authorities are directed to initiate appropriate action. The 3rd respondent was restrained from encroaching upon any further extent of government land beyond the extent already assigned in his favour.
Headnote
A) Writ Law - Mandamus - Encroachment on Public Road - Natham Patta - Petitioner sought removal of alleged illegal house constructed by 5th respondent encroaching public road - Counter affidavit revealed natham patta already granted to 3rd respondent for 21.5 sq.mt. - No further action required - Writ disposed of with direction to restrain further encroachment beyond assigned extent (Paras 2-4).
Issue of Consideration
Whether the petitioner is entitled to a direction to remove an alleged illegal house constructed by encroaching upon a public road.
Final Decision
Writ petition disposed of. No costs. Connected miscellaneous petition closed. Competent authorities directed to initiate action if further encroachment by 3rd respondent. 3rd respondent restrained from encroaching beyond assigned extent.
Law Points
- Writ of Mandamus
- Encroachment
- Natham Patta
- Public Road
- Government Land
Case Details
2026 LawText (MAD) (04) 48
W.P.No.28200 of 2022 and W.M.P.No.27491 of 2022
S.M.SUBRAMANIAM, K.SURENDER
Mr.M.Karthik, Mr.T.Arun Kumar, Mr.M.S.Prem Kumar
1. The District Collector, Namakkal District, 2. The Revenue Divisional Officer, Tiruchengode, Namakkal District, 3. The Thasildar, Tiruchengode, Namakkal District, 4. Block Development Officer, Malasamudram Panchayat Union, Namakkal District, 5. Sadasivam
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus.
Remedy Sought
Direction to respondents 1 to 3 to consider petitioner's representation dated 27.05.2022 to remove illegal house constructed by 5th respondent encroaching public road and to restrain further construction.
Filing Reason
Alleged illegal construction by 5th respondent encroaching upon public road in Survey No.13/2A of Pallakuzhi Village, Namakkal District.
Previous Decisions
Counter affidavit filed by Thasildar revealed natham patta already granted to 3rd respondent for 21.5 sq.mt.
Issues
Whether the alleged encroachment on public road is illegal and requires removal.
Submissions/Arguments
Petitioner argued that 5th respondent constructed house encroaching public road. Respondents 1-3 produced counter affidavit showing natham patta granted to 3rd respondent for 21.5 sq.mt., thus no further action needed.
Ratio Decidendi
Since a natham patta had already been granted to the 3rd respondent for the extent in question, no further action was required regarding the alleged encroachment. However, the court restrained further encroachment beyond the assigned extent.
Judgment Excerpts
The learned Additional Government Pleader appearing for the respondents 1 to 3 produced a counter affidavit filed by the Thasildar, Tiruchengode, which shows that a natham patta has been granted to the 3rd respondent for an extent of 21.5 s.q. mt.
In view of the said position, no further action needs to be undertaken.
It is made clear that, if any further encroachment is made by the 3rd respondent, the competent authorities are directed to initiate appropriate action.
Procedural History
Petitioner filed W.P.No.28200 of 2022 on an unspecified date. Counter affidavit filed by Thasildar. Heard on 20.04.2026 and disposed.
Acts & Sections
- Constitution of India: Article 226
