Case Note & Summary
The petitioner, R. Mohan, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondents 1 to 5 (State of Tamil Nadu, Greater Chennai Corporation, District Revenue Officer, Zonal Officer, and Tahsildar) to remove encroachments from land measuring 3 grounds and 1665 square feet comprised in S.Nos. 64, Block No. 22, situated in Urur village, Adyar, Chennai. The land was earmarked and reserved for public purposes and transferred to the second respondent (Greater Chennai Corporation) vide document No. 1838 of 1971. The petitioner alleged that the land was encroached upon by private parties (respondents 6 to 16) and that despite his representation dated 06.12.2023, no action was taken. The court, after hearing the parties, noted that the fourth respondent had conducted a field survey and verified the approved layout. The court observed that the land was reserved for a public park/play area and that encroachments could not be permitted. The court directed the respondents 1 to 5 to remove all encroachments from the land and restore it for public use as a play area or park. The court also impleaded additional respondents (R8 to R16) who claimed interest in the property, but ultimately held that the public purpose must prevail. The judgment was delivered by a division bench of Justice S.M. Subramaniam and Justice C. Kumarappan on 05.01.2026.
Headnote
A) Public Trust Doctrine - Encroachment on Public Land - Duty of State - The State holds public lands in trust for the people and must protect them from encroachment. The court directed removal of encroachments from land reserved for a park/play area, emphasizing the public's right to use such amenities. (Paras 1-9) B) Writ of Mandamus - Removal of Encroachment - Maintainability - A writ of mandamus lies against the State and its instrumentalities to compel performance of a public duty. The court found that the petitioner's representation dated 06.12.2023 seeking removal of encroachment was not acted upon, warranting judicial intervention. (Paras 1-9) C) Municipal Administration - Public Park - Reservation - The land in question was transferred to the Greater Chennai Corporation vide document No. 1838 of 1971 for public purposes. The court held that the Corporation must maintain it as a play area or park and remove all unauthorized structures. (Paras 1-9)
Issue of Consideration
Whether the respondents 1-5 are obligated to remove encroachments from land reserved for public purposes (play area/park) and whether a writ of mandamus can be issued to compel such removal.
Final Decision
The court allowed the writ petition and directed respondents 1 to 5 to remove all encroachments from the land comprised in S.Nos. 64, Block No. 22, Urur village, Adyar, Chennai, and to restore and maintain the land as a play area or park for public purposes.
Law Points
- Public trust doctrine
- Right to public amenities
- Encroachment on public land
- Mandamus for removal of encroachment
- Duty of municipal authorities to protect public property
