Case Note & Summary
The petitioner, K. Selvi Raja, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents—the District Collector, Salem District; the Revenue Division Officer, Mettur; the Block Development Officer, Omalur Block; and the Tahsildar, Omalur Taluk—to remove encroachments from Survey Nos. 173/1, 174/1, 29/1, 30/1, 171/2, 170/3, 346/1, 345/1, 344/26, 344/30, 242/10, 345/2, 9, and 342/10 in Kamalapuram Panchayat, Omalur Taluk, Salem District. The removal was sought to facilitate the construction of sewage tunnels under the Anaithu Gramam Anna Marumalarchi Thittam II scheme. The learned Additional Government Pleader, appearing for the respondents, submitted that based on instructions from the Tahsildar, Omalur, the authorities were in the process of conducting field inspection and survey. After completing the survey, appropriate action for removal of encroachments would be initiated through the competent authority. In view of this submission, the court directed the respondents to identify any encroachments and initiate enforcement action for their removal by following the procedure contemplated under statutes and rules. The entire process was to be completed within 12 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. Consequently, any connected miscellaneous petitions were closed.
Headnote
A) Constitutional Law - Writ of Mandamus - Encroachment Removal - Article 226 of the Constitution of India - Petitioner sought direction to remove encroachments from specified survey numbers for sewage tunnel construction under Anaithu Gramam Anna Marumalarchi Thittam II - Court directed respondents to identify encroachments and initiate enforcement action following statutory procedure within 12 weeks - Held that authorities must act in accordance with law and complete the process within the stipulated time (Paras 2-4).
Issue of Consideration
Whether the respondents should be directed to remove encroachments from specified survey numbers to facilitate construction of sewage tunnels under a government scheme.
Final Decision
Writ petition disposed of with direction to respondents to identify encroachments and initiate enforcement action for removal following statutory procedure within 12 weeks from receipt of order. No costs.
Law Points
- Writ of mandamus
- encroachment removal
- statutory procedure
- time-bound compliance
