Case Note & Summary
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a mandamus to direct the respondents to remove an encroachment on a street pathway in Indra Nagar, Ramasamiyapuram. The fifth respondent was alleged to have constructed a compound wall and dumped materials obstructing the public way. The petitioner had made representations on 31.10.2021 and 13.12.2021, but no action was taken. During the pendency of the writ petition, the compound wall was removed. However, the petitioner's counsel reported that other encroachments like sheds, wooden logs and cement pillars existed. The government pleader for respondents 2 to 4 stated that the petition would be considered as a representation and the authorities would examine the ground realities and take necessary steps in accordance with law. The court accepted this statement as an undertaking. The key legal issue was the procedure to be followed when directing removal of alleged encroachments on public property. The court held that before passing any order, the authorities must give notice to the petitioner, the fifth respondent, the petitioner in a related writ petition, and any other interested person, conduct a survey, afford a personal hearing, and then pass a reasoned order. This direction ensured compliance with the principles of natural justice. The writ petition was disposed of with these directions, and no order as to costs was made.
Headnote
A) Administrative Law - Encroachment Removal - Natural Justice - Constitution of India, 1950, Article 226 - The court disposed of the writ petition by directing the authorities to examine the alleged encroachments, conduct a survey after notice to all interested parties, provide a personal hearing, and pass a reasoned order, thereby ensuring compliance with the principles of natural justice (Paras 3-5).
Issue of Consideration
Whether the High Court should issue a writ of mandamus directing the respondents to remove alleged encroachments on a public street, and the procedure to be followed by authorities.
Final Decision
Writ petition disposed of. The Court accepted the undertaking of respondents 2 to 4 to examine and take necessary steps. Respondents 1 to 4 directed to survey the spot after notice to the petitioner, fifth respondent, petitioner in W.P.(MD) No.10240 of 2022, and any other interested person, afford personal hearing, and pass a reasoned order. No costs.
Law Points
- Writ of mandamus for removal of encroachment on public street
- requirement of compliance with natural justice before removal
- government undertaking accepted
