Case Note & Summary
The petitioner, Dr. G. Thiruvasagam, filed a writ petition before the Madras High Court seeking a direction to the respondents 1 to 7 (District Collector, Chengalpattu District; District Revenue Officer; Revenue Divisional Officer; Tahsildar; Block Development Officer; Executive Officer of Kanathur Reddy Kuppam Panchayat; and Village Administrative Officer) to forthwith restore public access by removing all illegal obstructions, encroachments, compound walls, gates, fencing, or any structures placed on a 30-feet-side public road in Survey Nos.87/2 and 87/2A1A1A to 87/2A1A1E, Kanathur Village. The road was vested with the Panchayat under a registered Gift Deed Document No.4920 of 2017. The petitioner also sought installation of boundary stones, signboards, and protective markers to prevent future encroachments. The eighth respondent, Rizwan Sherif Sheras, proprietor of Sheras Flower Fields, was impleaded as a private respondent. The learned Additional Government Pleader submitted that an inspection was conducted and the authorities identified encroachments and unauthorised construction on the public road. Photographs produced showed that only a gate had been removed, while a security room and a wall constructed on panchayat lands remained. Another obstruction caused by the private respondent was removed. The petitioner's counsel argued that the security room and wall must also be removed, otherwise the private respondent might again obstruct the public road. In view of these facts, the court directed the officials to demolish the security room and the wall where a gate was fixed, and to remove any further obstruction or illegal construction to restore public access. The court did not specify any further relief regarding boundary stones or signboards.
Headnote
A) Public Law - Encroachment on Public Road - Restoration of Public Access - The petitioner sought direction to remove illegal obstructions, compound walls, gates, fencing on a 30-feet public road in Survey Nos.87/2 and 87/2A1A1A to 87/2A1A1E, Kanathur Village, which vested with the Panchayat under Gift Deed Document No.4920 of 2017. The court, noting that inspection revealed encroachments and unauthorised construction, directed the officials to demolish the security room and wall where a gate was fixed, and to remove any further obstruction to restore public access. Held that the authorities must ensure removal of all illegal structures to prevent future encroachments (Paras 2-4).
Issue of Consideration
Whether the respondents 1 to 7 should be directed to remove illegal obstructions and encroachments on a public road vested with the Panchayat and restore public access.
Final Decision
The court directed the officials to demolish the security room and the wall wherein a gate was fixed, and to remove any further obstruction or illegal/unauthorised construction to restore public access.
Law Points
- Public road encroachment
- Panchayat land
- Restoration of public access
- Removal of illegal structures
- Duty of revenue officials
