Case Note & Summary
The petitioner, M.Selvam, filed a writ petition before the Madras High Court seeking a direction to respondents 1 to 4 (Commissioner of Oulgaret Municipality, District Collector, Director of Hindu Religious Institutions and Wakf, and Tahsildar) to remove the encroachment made by the 5th respondent (Arulmigu Muthumariamman Temple) on a public road in Chinna Kospalayam, Nellithoppu, Pondicherry, in Survey No.175N. The Tahsildar cum Executive Magistrate filed a counter affidavit stating that the temple had encroached upon the public road to an extent of 4.70 sq.m. (50.59 sq.ft) and that the petitioner himself had built an RCC house encroaching the road portion to an extent of 14.08 sq.m. (150 sq.ft). The court noted that both the temple and the petitioner had encroached upon public property. The court directed the authorities to remove all such encroachments by following the procedures under the relevant statute and rules, and to complete the exercise within twelve weeks from the date of receipt of a copy of the order. The writ petition was disposed of with these directions, and no costs were awarded.
Headnote
A) Public Nuisance - Encroachment on Public Road - Removal of Encroachment - The court considered a writ petition seeking removal of encroachment by a temple on a public road. The Tahsildar's counter affidavit revealed that the temple encroached 4.70 sq.m. and the petitioner also encroached 14.08 sq.m. on the public road. The court directed removal of all encroachments following statutory procedure within twelve weeks. Held that encroachments on public property must be removed irrespective of who the encroacher is (Paras 1-3).
Issue of Consideration
Whether the encroachments on the public road by the 5th respondent temple and the petitioner should be removed by the authorities.
Final Decision
The court directed the authorities to remove all encroachments (both by the temple and the petitioner) by following procedures under relevant statute and rules within twelve weeks. Writ petition disposed of. No costs.
Law Points
- Encroachment on public road
- Removal of encroachment
- Duty of authorities to remove encroachments
- Compliance with statutory procedure
