Case Note & Summary
The petitioner, V. Vinayagam, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court seeking a writ of mandamus to direct the respondents (the Secretary to the Government, Highways Department; the District Collector, Kancheepuram; the Chief Engineer, Building Construction and Maintenance, Highways Department; the Superintendent, Building Construction and Maintenance, Highways Department; the Divisional Engineer, Building Construction and Maintenance, Highways Department, Kancheepuram Division; the Assistant Engineer, Building Construction and Maintenance, Highways Department, Uthiramerur; and the Tahsildar, Kancheepuram) to remove third-party encroachments lying within Survey Nos. 508 and 530, which are government porboke land belonging to respondents 3 to 6. The petitioner had made representations dated 26.08.2025 to the authorities, but no action was taken, prompting the filing of the writ petition. The learned counsel for the petitioner argued that Survey Nos. 508 and 530 are government porboke land and that there are encroachments, so the authorities must initiate action in accordance with law to remove them. The learned Additional Government Pleader, on written instructions from the Tahsildar, submitted that Survey Nos. 508 and 530 are government porboke, classified as pathway and temple, and that there are encroachments of 18 cents, and the authorities would remove the encroachments by following due procedure of law. In view of the submission, the court deemed it appropriate to direct the 2nd respondent (the District Collector, Kancheepuram) to initiate action in accordance with law and remove the encroachments within a period of twelve weeks from the date of receipt of a copy of the order. The writ petition was disposed of with the above direction, and no costs were awarded.
Headnote
A) Public Law - Writ of Mandamus - Removal of Encroachment on Government Land - Petitioner sought mandamus to direct respondents to remove encroachments on Survey Nos. 508 and 530, which are government porboke land classified as pathway and temple - Respondents conceded encroachments of 18 cents and agreed to remove them following due procedure - Court directed the 2nd respondent to initiate action and remove encroachments within twelve weeks - Held that the writ petition is disposed of with direction to remove encroachments within twelve weeks (Paras 1-5).
Issue of Consideration
Whether the respondents should be directed to remove encroachments on government porboke land in Survey Nos. 508 and 530.
Final Decision
The court directed the 2nd respondent (District Collector, Kancheepuram) to initiate action in accordance with law and remove the encroachments within a period of twelve weeks from the date of receipt of a copy of the order. The writ petition was disposed of with no costs.
Law Points
- Mandamus
- Encroachment
- Government land
- Porboke land
- Removal of encroachment
- Time-bound action
