Case Note & Summary
The petitioner, S. Saranya, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court seeking a writ of mandamus to direct the 3rd respondent, the Block Development Officer, to remove an arch allegedly constructed by respondents 5 to 9 on a public road belonging to Thalavaipatti village Panchayat in Aishwaryam Garden, Thalavaipatty, Salem District. The petitioner also sought to keep the road for public use forever, based on her representation dated 17.08.2022. The respondents 1 to 4, represented by the Additional Government Pleader, submitted written instructions from the Tahsildar, Salem West, stating that during the course of survey, the authorities had not identified any encroachment as alleged by the petitioner. Consequently, the court dismissed the writ petition, finding no merit in the claim of encroachment. No costs were awarded.
Headnote
A) Writ Law - Mandamus - Encroachment on Public Road - No Encroachment Found - The petitioner sought a writ of mandamus to direct the 3rd respondent to remove an arch allegedly constructed by respondents 5 to 9 on a public road. The Tahsildar conducted a survey and reported no encroachment. The court dismissed the petition as no encroachment was identified. (Paras 1-3)
Issue of Consideration
Whether the respondents 5 to 9 have encroached upon a public road by constructing an arch, and whether the petitioner is entitled to a writ of mandamus directing its removal.
Final Decision
The writ petition was dismissed. No costs.
Law Points
- Writ of Mandamus
- Encroachment
- Public Road
- Survey
- No Encroachment Found
Case Details
2026 LawText (MAD) (04) 49
S.M. Subramaniam, K. Surender
Mr. S. Jayaprakash (for petitioner), Mr. T. Arun Kumar (Additional Government Pleader for R1 to R4), Mr. M. Arvind Kumar (for R5 to R9)
1. The District Collector, Salem District, 2. The Tahsildar, Salem West Taluk, 3. The Block Development Officer, Salem Union, 4. The President, Thalavaipatti Panchayat, 5. P.C. Mani, 6. P.C. Rajan, 7. P.C. Raman, 8. P.C. Singal, 9. M. Nalini
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to remove an alleged encroachment on a public road.
Remedy Sought
Petitioner sought direction to the 3rd respondent to remove the arch constructed by respondents 5 to 9 on a public road and to keep the road for public use forever.
Filing Reason
Alleged encroachment by respondents 5 to 9 by constructing an arch on a public road belonging to Thalavaipatti village Panchayat.
Issues
Whether the respondents 5 to 9 have encroached upon a public road by constructing an arch?
Whether the petitioner is entitled to a writ of mandamus directing removal of the alleged encroachment?
Submissions/Arguments
Petitioner argued that respondents 5 to 9 constructed an arch on a public road, causing encroachment.
Respondents 1 to 4 submitted that a survey conducted by the Tahsildar found no encroachment.
Ratio Decidendi
A writ of mandamus cannot be granted when the revenue authorities have conducted a survey and found no encroachment on the public road.
Judgment Excerpts
During the course of survey, the authorities have not identified any encroachment as stated by the petitioner in the present writ petition.
Thus, the present writ petition stands dismissed. No costs.
Procedural History
The petitioner filed a writ petition under Article 226 of the Constitution of India on an unspecified date. The court heard the matter and passed the order on 20.04.2026.
Acts & Sections
- Constitution of India: Article 226
