Case Note & Summary
The petitioner, A. Palanisamy, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the second and third respondents (Commissioner and Assistant Commissioner of Erode City Municipal Corporation) to remove an encroachment allegedly made by the fifth respondent, B. Jothi, on a public road and a tree belonging to the Erode City Municipal Corporation at Thendral Nagar, 9th Street, Periyasemur, Villarasampatti Post, Erode District. The petitioner had made a representation dated 03.02.2026 to the authorities, but no action was taken. The learned counsel for the petitioner, Mr. A. Suresh Sakthi Murugan, submitted that the fifth respondent had installed a religious statue on the road, which is a common modus operandi of encroachers who start with installing idols and later construct buildings, making removal difficult. He argued that all such encroachments must be removed at the initial stage to ensure free flow of traffic and for the benefit of road users. The court, after perusing the photographs filed by the petitioner showing religious idols installed beneath a tree, directed the second and third respondents to conduct a field inspection and survey to identify encroachments. If any encroachments are found, they shall issue notice following the procedures under relevant statutes and rules, and provide an opportunity to the fifth respondent or any other encroacher. The entire exercise is to be completed within twelve weeks from the date of receipt of a copy of the order. The court did not find any need for further adjudication and disposed of the writ petition with these directions.
Headnote
A) Public Nuisance - Encroachment on Public Road - Removal of Religious Idol - The court considered a writ petition seeking removal of a religious statue installed on a public road and tree belonging to the municipal corporation. The court held that such encroachments must be removed at the initial stage to ensure free flow of traffic and benefit of road users. The court directed the respondents to conduct field inspection, survey, and if encroachments are found, issue notice following statutory procedures and provide opportunity to the encroacher. The exercise to be completed within twelve weeks. (Paras 2-3)
Issue of Consideration
Whether the court should direct the municipal authorities to remove an encroachment in the form of a religious statue installed on a public road and tree belonging to the municipal corporation.
Final Decision
The court directed the second and third respondents to conduct a field inspection and survey to identify encroachments. If any encroachments are found, they shall issue notice following the procedures under relevant statutes and rules, and provide an opportunity to the fifth respondent or any other encroacher. The exercise shall be completed within twelve weeks from the date of receipt of a copy of this order.
Law Points
- Encroachment on public roads
- Removal of religious idols from public places
- Duty of municipal authorities to remove encroachments
- Mandamus for removal of encroachment
