Case Note & Summary
The petitioner, J. Prosezhiyan, filed a writ of mandamus before the Madras High Court seeking directions to the respondents, including the District Collector of Salem, the Commissioner of Salem Corporation, and the Assistant Commissioner of Ammapettai Zonal Office, to identify and remove all unauthorized shops, encroachments, obstructions, and illegal structures in and around V.O. Chidambaranar Market situated at Old Bus Stand, Salem District. The petitioner also sought removal of encroachments over public and common areas, particularly on Valmiki Street and Valmiki Cross Street, and to ensure the market remains free from any unauthorized occupation. The petitioner had made a representation dated 24.12.2024 to the authorities, but no action was taken. During the proceedings, respondents 4 to 17 were impleaded as per order dated 23.03.2026. The court, after hearing the counsel for the petitioner, the Additional Government Pleader for respondent 1, the Standing Counsel for respondents 2 and 3, and the counsel for respondents 4 to 17, allowed the writ petition. The court directed the respondents to identify and remove all unauthorized shops, encroachments, and illegal structures in and around the market within a period of eight weeks from the date of receipt of the order. The court also directed the respondents to maintain the market free from any encroachment or unauthorized occupation. The judgment was delivered by a division bench comprising Justice S.M. Subramaniam and Justice K. Surender.
Headnote
A) Public Interest Litigation - Encroachment on Public Property - Duty of Authorities - The court considered a writ petition seeking removal of unauthorized shops and encroachments in and around V.O. Chidambaranar Market, Salem. The court held that public authorities have a duty to remove encroachments and ensure public spaces are free from unauthorized occupation. The court directed the respondents to identify and remove all unauthorized structures within a stipulated time frame. (Paras 1-7)
Issue of Consideration
Whether the respondents are obligated to identify and remove unauthorized shops, encroachments, and illegal structures in and around V.O. Chidambaranar Market, Salem, based on the petitioner's representation.
Final Decision
The court allowed the writ petition and directed the respondents to identify and remove all unauthorized shops, encroachments, obstructions, and illegal structures in and around V.O. Chidambaranar Market, Salem, including on Valmiki Street and Valmiki Cross Street, within a period of eight weeks from the date of receipt of the order. The respondents were also directed to ensure the market is maintained free from any encroachment or unauthorized occupation.
Law Points
- Public nuisance
- encroachment on public property
- duty of municipal authorities to remove unauthorized structures
- writ of mandamus
- right to free movement
