Case Note & Summary
The dispute arose from a writ petition filed by the petitioner, Sasikala, against the District Collector and the Tahsildar of Sivagangai District, seeking a writ of mandamus to remove an encroachment made by the third respondent, Kannappan, on a specific land parcel. The petitioner claimed that the encroachment began in 2009 when the father of the third respondent constructed a thatched roof on a pathway, obstructing access. A notice was issued to the father, who subsequently filed a writ petition but passed away in 2010, leading to the dismissal of the case due to abatement in 2013. Despite this, the encroachment remained unaddressed. The court directed that notice be issued to the third respondent and an inspection conducted. The Tahsildar confirmed the encroachment on 07.09.2026. The court ordered the first and second respondents to initiate eviction proceedings under the Tamil Nadu Land Encroachment Act, 1905, specifying that notice under Section 7 must be issued by 25.09.2026. The writ petition was disposed of without costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Authority to Remove Encroachment - 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. Held that necessary steps must be taken to clear the encroachment (Paras 5-6).
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 respondents to initiate eviction proceedings under the Tamil Nadu Land Encroachment Act, 1905, and specified that notice under Section 7 must be issued by 25.09.2026. The writ petition was disposed of without costs.
Law Points
- Writ of Mandamus
- Encroachment
- Tamil Nadu Land Encroachment Act
- 1905
- Eviction Proceedings
