Authorities must conduct a survey and provide due process before removing encroachments on public land.

The Petitioner filed a Writ Petition seeking a Writ of Mandamus to direct the Water Resources and Highways Departments (Respondents 4 and 5) to remove alleged encroachments across several survey numbers (S.No.21/1, 21/2, 22, and 23) in Erode District, based on a representation dated 02.12.2025

The Water Resources Department submitted that while they had sought the assistance of Revenue Authorities to conduct a survey and identify the encroachments, the Tahsildar had not responded to their request for approximately four months

Whether the Court should direct the respondent authorities to survey the subject land and remove identified encroachments within a specific timeline?

The Court applied the principles of administrative accountability and the statutory obligation of Revenue and Water Resource authorities to protect public land from encroachment.

The court emphasized the requirement of Audi Alteram Partem (natural justice), ensuring that enforcement action is preceded by a formal identification process (survey) and providing an opportunity for the affected parties to be heard

The Court noted the administrative delay where the Irrigation Section of the Water Resources Department was unable to proceed because the Tahsildar (Revenue Authority) had failed to respond to a survey request for four months

To resolve this deadlock, the Court reasoned that a time-bound direction was necessary to compel the inter-departmental cooperation required for land identification.

The Court determined that the removal of encroachments must follow a two-step legal process: first, a scientific identification via survey, and second, the issuance of notice to the encroachers to ensure due process before any coercive action is taken

The Court held that if encroachments are identified, necessary enforcement action must be initiated after affording an opportunity to the identified encroachers

The entire exercise was ordered to be completed within twelve weeks from the date of receipt of the order

No costs were awarded