Case Note & Summary
The case involved a writ petition filed by the petitioner seeking the removal of encroachment made by the third respondent in a specific land parcel. The petitioner alleged that the third respondent's father had encroached upon the pathway in 2009, leading to a notice being issued against him. Following the father's death in 2010 and the subsequent dismissal of the related writ petition in 2013 due to abatement, the encroachment remained unaddressed. The petitioner filed the current writ petition after submitting a representation in 2025. The court directed notice to be issued to the third respondent, who chose not to participate in the proceedings. The Tahsildar conducted a survey confirming the encroachment. The court ordered the first and second respondents to initiate eviction proceedings under the Tamil Nadu Land Encroachment Act, 1905, specifying the need to follow due process, including issuing notices and allowing for appeals. The writ petition was disposed of without costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Encroachment Removal - Article 226 of the Constitution of India - The petitioner sought a writ of mandamus to direct the respondents to remove encroachment made by the third respondent. The court found that the encroachment was established and directed the authorities to initiate proceedings under the Tamil Nadu Land Encroachment Act, 1905, for eviction (Paras 1-6).
Issue of Consideration
Whether the encroachment made by the third respondent should be removed by the authorities as per the petitioner's request.
Final Decision
The court directed the first and second respondents to initiate eviction proceedings under the Tamil Nadu Land Encroachment Act, 1905, by issuing necessary notices and following due process, with a deadline set for initiation by 25.09.2026.
Law Points
- Writ of Mandamus
- Encroachment
- Tamil Nadu Land Encroachment Act
- 1905
- Eviction Proceedings
