Case Note & Summary
The petitioner, Mir Ziauddin, filed a Writ of Mandamus under Article 226 of the Constitution of India before the Madras High Court, seeking a direction to the third and fourth respondents (Village Administrative Officers of Enjambakkam and Sholinganallur Villages) to restore the original road by removing the deviation and illegal encroachment allegedly made by the fifth respondent (since deceased, represented by respondents 6 to 9) in front of the petitioner's land situated in Survey No.287, Injambakkam Village, Saidapet Division, now Sholinganallur Taluk. The petitioner contended that the contesting respondents had encroached upon the public road, and despite complaints, the authorities failed to act. The Tahsildar, Sholinganallur, filed a counter affidavit stating that inspection and survey were conducted and encroachments on the road were identified. The learned counsel for respondents 6 to 9 argued that they had not encroached upon public land. The court, after considering the submissions, observed that since the authorities had conducted inspection and survey and identified encroachments on the public road, they were bound to initiate enforcement action by following the proceedings contemplated under the relevant statutes and rules. The court directed that opportunities be afforded to the encroachers, and thereafter, the encroachers be evicted from the public road or government lands. The writ petition was disposed of with a direction to the respondents 1 to 4 to initiate action and remove encroachments within a period of eight weeks, after following due process of law.
Headnote
A) Public Law - Writ of Mandamus - Encroachment on Public Road - Authorities Duty - The petitioner sought direction to remove encroachment on public road. The court held that once encroachments are identified through inspection and survey, the authorities are bound to initiate enforcement action following statutory procedure, including affording opportunity to encroachers before eviction. (Paras 5-6)
Issue of Consideration
Whether the authorities are bound to remove encroachments on public road after identification through survey, and whether the writ of mandamus is maintainable for such direction.
Final Decision
The writ petition is disposed of with a direction to the respondents 1 to 4 to initiate action and remove encroachments within a period of eight weeks, after following due process of law and affording opportunity to the encroachers.
Law Points
- Writ of Mandamus
- Encroachment on public road
- Duty of authorities to remove encroachments
- Opportunity of hearing to encroachers
- Eviction from government land
