Case Note & Summary
The petitioner, K.C. Mani, filed a writ petition before the Madras High Court seeking a direction to the official respondents (District Collector, Tahsildar, Revenue Tahsildar, and Land Revenue Inspector of Erode District) to remove encroachments allegedly made by private respondents (P. Kaladevi, P. Divyapriya, P. Suresh, and K.V. Palanisamy) on a government pathway known as Nilaviyal Vandi Padhai in R.S.No.295/3, 6, Goundachipalayam Village, Perundurai Taluk, Erode District. The petitioner relied on proceedings of the 2nd respondent dated 26.12.2019 in Na. Ka. No. 7501/2019/A8 and a consequential notice dated 31.01.2020 issued under Section 6 of the Tamil Nadu Land Encroachment Act. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that the encroachments had been removed. In view of this submission, the court disposed of the writ petition, clarifying that if any further encroachments are made or exist, the petitioner is at liberty to give a complaint to the competent authority, and upon receipt of such complaint, the authorities shall act in accordance with law. No costs were awarded.
Headnote
A) Land Law - Encroachment - Removal of Encroachment - Tamil Nadu Land Encroachment Act, 1905, Section 6 - The petitioner sought removal of encroachments by private respondents on a government pathway. During hearing, counsel for petitioner submitted that encroachments had been removed. The court disposed the writ petition as infructuous, granting liberty to the petitioner to approach the authorities if further encroachments occur. (Paras 1-2)
Issue of Consideration
Whether the writ petition seeking removal of encroachment on a government pathway survives when the encroachments have already been removed.
Final Decision
Writ petition disposed of as encroachments removed. Petitioner at liberty to complain if further encroachments exist. Authorities to act in accordance with law. No costs.
Law Points
- Encroachment removal
- Writ petition disposed as infructuous
- Liberty to approach authorities
