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, Goundachipalayam Village, Perundurai Taluk, Erode District. The petitioner relied on proceedings of the 2nd respondent dated 26.12.2019 and a notice under Section 6 of the Tamil Nadu Land Encroachment Act dated 31.01.2020. When the matter was taken up for hearing, the petitioner's counsel submitted that the encroachments had been removed. In view of this submission, the court disposed of the writ petition, recording that the grievance no longer survived. The court clarified that if any further encroachments are made, the petitioner is at liberty to give a complaint to the competent authority, who shall act in accordance with law. No costs were awarded.
Headnote
A) Land Law - Encroachment on Government Pathway - Removal of Encroachment - The petitioner sought removal of encroachment by private respondents on a government pathway (Nilaviyal Vandi Padhai) in R.S.No.295/3, Goundachipalayam Village. During hearing, counsel submitted that encroachments had been removed. The court disposed of the petition as infructuous, granting liberty to the petitioner to complain if further encroachments occur. (Paras 1-2)
Issue of Consideration
Whether the writ petition seeking removal of encroachment on government pathway survives when the encroachments have been removed.
Final Decision
Writ petition disposed of as infructuous. Petitioner granted liberty to complain if further encroachments are made; authorities to act in accordance with law. No costs.
Law Points
- Writ petition becomes infructuous if grievance is redressed during pendency
- Liberty to approach authority if encroachments recur
