Case Note & Summary
The petitioner, N. Sankar, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court seeking a writ of mandamus directing respondents 1 to 4 (the District Collector, Salem; the Commissioner, Salem Corporation; the Executive Engineer, Town and Country Planning Central Office, Salem Corporation; and the Assistant Executive Engineer/Assistant Commissioner, Hasthampatti Ward, Salem Corporation) to remove an alleged encroachment by the 5th respondent, T.P. Lakshmi, on a road portion at Plot No.26, T.S.No.114/4, Block No.36, Ward F, Elumalai Nagar, Salem-7. The petitioner based his claim on a communication from the 4th respondent dated 20.05.2022. When the matter was taken up for hearing, the learned Additional Government Pleader, Mr. T. Arunkumar, appearing for the first respondent, submitted on instructions that the encroachments had already been removed. In light of this submission, the court observed that the grievance of the petitioner no longer survived. Consequently, the writ petition was closed without any order as to costs. Any connected miscellaneous petitions were also closed. The judgment was delivered by a division bench comprising Justice S.M. Subramaniam and Justice K. Surender on 25-03-2026.
Headnote
A) Constitutional Law - Writ of Mandamus - Grievance Redressed - Petitioner sought mandamus directing municipal authorities to remove encroachment on a road portion - Authorities submitted that encroachment had been removed - Held that the writ petition is closed as the grievance no longer survives (Paras 2-3).
Issue of Consideration
Whether the writ petition seeking removal of encroachment on a road portion should be entertained after the authorities have already removed the encroachment.
Final Decision
The writ petition is closed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.
Law Points
- Writ of mandamus
- encroachment removal
- grievance redressed
- no further orders
Case Details
2026 LawText (MAD) (03) 275
S.M. Subramaniam, K. Surender
Mr. C. Prabakaran (for petitioner), Mr. T. Arunkumar (Additional Government Pleader for R1), Mrs. Devi N (Standing Counsel for R2 to R4)
1. The District Collector, Salem District, Salem; 2. The Commissioner, Salem Corporation, Salem; 3. The Executive Engineer, Town and Country Planning Central Office, Salem Corporation, Salem-1; 4. The Assistant Executive Engineer / Assistant Commissioner, Hasthampatti Ward, Salem Corporation, Salem-7; 5. T.P. Lakshmi
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct municipal authorities to remove encroachment on a road portion.
Remedy Sought
Petitioner sought a writ of mandamus directing respondents 1 to 4 to remove the encroachment by the 5th respondent on a road portion at Plot No.26, T.S.No.114/4, Block No.36, Ward F, Elumalai Nagar, Salem-7 based on the communication of the 4th respondent dated 20.05.2022.
Filing Reason
Alleged encroachment by the 5th respondent on a road portion, and failure of the municipal authorities to remove it despite communication.
Issues
Whether the writ petition seeking removal of encroachment should be entertained after the authorities have already removed the encroachment.
Submissions/Arguments
The learned Additional Government Pleader submitted on instructions that encroachments have been removed.
Ratio Decidendi
When the grievance of the petitioner has been redressed by the authorities, the writ petition becomes infructuous and is liable to be closed.
Judgment Excerpts
When the matter was taken up, learned Additional Government Pleader based on instructions, would submit that encroachments have been removed.
That being so, the present writ petition is closed. No costs.
Procedural History
The writ petition was filed under Article 226 of the Constitution of India. When taken up for hearing, the Additional Government Pleader submitted that encroachments had been removed. The court then closed the petition.
Acts & Sections
- Constitution of India: Article 226
