Authorities Must Survey Disputed Public Property and Remove Any Encroachment After Due Process.

The petitioners challenged an order dated 19 September 2024 passed by the sixth respondent concerning an alleged encroachment on a road margin near their apartment at Melaponnagaram 5th Street, Housing Board Colony, Madurai.

The allegation originated in a representation by the ninth respondent, who had earlier obtained a direction in W.P.(MD) No. 5865 of 2024 requiring the authorities to consider that representation and pass appropriate orders.

In the present writ petition, the petitioners sought to have the order quashed; their counsel also requested a survey of the public property and removal of any encroachment found, whoever had made it.

Whether the challenged order concerning the alleged encroachment should be quashed.

Whether the official respondents should be directed to survey the property and remove any encroachment found, after hearing affected parties and following due process.

The petition was considered under Article 226 of the Constitution, as a writ petition seeking certiorari.

It applied the general requirement that an encroachment found on public property may be removed only after the authorities conduct a survey, afford due opportunity to necessary and interested parties, and follow due process.

Rather than determine from the material before it whether the petitioners had encroached on the road margin, the Court directed the official respondents to establish the position through a survey of the public property.

To ensure a fair determination, the survey was to be conducted after giving due opportunity to all necessary and interested parties; any encroachment found, whether by the petitioners or another person, was to be removed in accordance with law and due process.

It made no order as to costs and closed the connected miscellaneous petitions.