Authorities must remove identified encroachments on public roads following statutory procedures within a prescribed timeline.

The Petitioner filed a writ petition under Article 226 of the Constitution seeking a writ of mandamus to compel authorities (Respondents 1-6) to remove illegal constructions on a public "thar road" in survey no. 381/1A6 at Kollumangudi Village

The Petitioner alleged that the 7th and 8th Respondents encroached upon the public road while constructing a new house

The Tahsildar of Nannilam filed a counter-affidavit confirming that while the 7th and 8th Respondents purchased 0.01.75 hectares, they were constructing over 0.02.32 hectares, thereby encroaching 57.2 square meters of the physical road (S.No. 381/1A6) with a "fortico"

Whether the 7th and 8th Respondents had illegally encroached upon the public road comprised in survey no. 381/1A6

Whether the court should direct the respondent authorities to remove the identified encroachments to ensure public access and safety

The Court acted under its extraordinary jurisdiction under Article 226 of the Constitution of India

The core legal principle applied is the obligation of State authorities to keep public pathways and roads free from encroachments to ensure public access and safety

The Court mandated that the removal of such encroachments must strictly follow the "procedure as contemplated under the statutes and Rules" governing land revenue and local administration

The Court’s reasoning was primarily grounded in the factual admissions made by the Revenue Authorities.

The Tahsildar’s counter-affidavit provided a detailed boundary comparison, proving that the construction by the 7th and 8th Respondents extended beyond their patta land into survey no. 381/1A6, which is used as a physical road by the general public

The Court noted that approximately 11 meters of the road length in front of the petitioner’s land was blocked, leaving only 5.0 meters for access

Based on this verified encroachment of 57.2 square meters, the Court determined that the State had a duty to intervene and restore the public site

It directed Respondents 1 to 5 to remove the encroachments by following the statutory procedure and Rules within a period of 12 weeks from the receipt of the order

No costs were awarded, and any connected miscellaneous petitions were closed