Authorities must remove identified public-track encroachments in accordance with law within eight weeks.

The petitioner sought a writ of mandamus directing the authorities to remove alleged encroachments from a public cart track in Survey No. 440/6, Madahalli Village, Thalavadi Taluk, Erode District.

The Government Advocate submitted that the authorities had identified encroachments, issued notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, afforded an opportunity of hearing, and appeared to have issued notice under Section 6.

1. Whether the competent authorities should be directed to remove the identified encroachments from the public cart track after issuing notices under the Tamil Nadu Land Encroachment Act, 1905.

2. Whether the authorities should complete the removal process within a specified period.

Sections 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905, provide for notice and the process preceding removal of encroachments on public land.

The Court held that, once the statutory process had progressed to a final notice under Section 6, the competent authorities were required to proceed with removal in accordance with the applicable statutory procedures and rules.

The Court relied on the Government Advocate’s submission that encroachments had been identified and that notices under Sections 7 and 6 had been issued following an opportunity of hearing.

It therefore concluded that the competent authorities had to complete the removal process, while adhering to the procedures under the Act and Rules, rather than leave the identified encroachments unaddressed.

No costs were ordered.