Authorities Must Consider Encroachment Complaints After Notice and Hearing to Affected Parties

The petitioner alleged that the 13th respondent had encroached on State Highways land in Survey No. 296 at Nadumandalam Village, obstructing a public pathway.

He had submitted a representation dated 6 January 2025 to the official respondents seeking removal of the alleged encroachment and restoration of the pathway, but it had not been considered.

He therefore sought a writ directing the respondents to remove the encroachment and consider his representation.

The official respondents submitted that they would consider the representation and pass appropriate orders on its merits and in accordance with law.

1. Whether the official respondents should be directed to consider and decide the petitioner’s representation concerning the alleged encroachment and obstruction of the public pathway.

2. Whether the Court should itself direct removal of the alleged encroachment.

The petition invoked the High Court’s jurisdiction under Article 226 of the Constitution of India.

The Court’s order applied the principle that a competent authority considering a representation concerning an alleged encroachment must decide it on the merits and in accordance with law, after notice to necessary parties and an opportunity of hearing.

No specific statute or precedent was cited or applied in the order.

The Court did not determine whether an encroachment existed or whether the pathway had been obstructed.

Given the official respondents’ undertaking to consider the representation, the Court directed the competent authorities to decide it on the merits and in accordance with law, while ensuring notice and a hearing for all necessary parties, including the 13th respondent.

This allowed the administrative authorities to assess the disputed facts in the first instance without the Court expressing an opinion on the merits.

The competent official respondents were directed to consider the petitioner’s representation dated 6 January 2025, issue notice to all necessary parties including the 13th respondent, afford them an opportunity of hearing, and pass appropriate orders on the merits and in accordance with law, preferably within six weeks from receipt of a copy of the order.

No costs were awarded.