Case Note & Summary
The petitioner, S. Alaguvel, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, seeking a Writ of Certiorari to quash Order No. 06/2024 dated 31.12.2024 passed by the first respondent, the Assistant Divisional Engineer of the Highways Department (C & M), Tiruchendur. The grievance was that the respondents were taking steps to demolish the petitioner's compound wall on the ground that it encroached upon land in S.No. 10/5A belonging to the Highways Department. The petitioner contended that the claim of encroachment was incorrect and that demolition was being sought without conducting a survey. During the proceedings, the Additional Government Pleader produced a letter dated 13.01.2025 from the Highways Department instructing the Tahsildar to conduct a survey of the land in the presence of the petitioner. The petitioner's counsel also produced a letter indicating that the proposed removal of encroachment had been postponed. In light of these developments, the court directed the respondents to conduct a proper survey of the land in S.No. 10/5A in the presence of the petitioner and thereafter take further action in accordance with law. The court further ordered that no coercive action for removal of the alleged encroachment shall be taken until the survey is completed. The writ petition was disposed of with these directions, and no order as to costs was made. The connected miscellaneous petition was closed.
Headnote
A) Constitutional Law - Writ of Certiorari - Survey before Demolition - Article 226 of the Constitution of India - Petitioner challenged order for demolition of compound wall alleging encroachment on Highways land - Court directed survey in presence of petitioner before any coercive action - Held that proper survey is necessary to ascertain encroachment before demolition (Paras 3-6).
Issue of Consideration
Whether the respondents can demolish the petitioner's compound wall without conducting a proper survey to determine encroachment.
Final Decision
The court directed the respondents to conduct a proper survey of the lands in S.No. 10/5A in the presence of the petitioner and thereafter take further course of action in accordance with law. Till such time the survey is conducted, no coercive action shall be taken for removal of the alleged encroachment. The writ petition was disposed of with these directions, and no order as to costs was made. The connected miscellaneous petition was closed.
Law Points
- Writ of Certiorari
- Survey before demolition
- Natural justice
- Encroachment removal
