01Facts
The petitioner sought a writ of mandamus directing the respondents, particularly the Tahsildar, to remove alleged encroachments on both sides of the road from Sigar Village Bridge to Mudikandoor, a distance of 1.4 km, relying on a representation dated 30 April 2023.
p. 1The State submitted that revenue authorities had surveyed the area, identified encroachments, and issued a Form I notice to the Block Development Officer, who was to take enforcement action under the applicable procedures.
p. 202Issues
i.1. Whether the respondents should be directed to take enforcement action to remove the identified road encroachments.
pp. 1–2ii.2. Whether that action should be completed within a time fixed by the Court.
pp. 1–203Law Applied
The petition invoked the High Court’s jurisdiction under Article 226 of the Constitution of India to seek a writ of mandamus.
p. 1The Court directed removal of the encroachments in accordance with the procedures contemplated by the relevant statutes and rules; it did not identify any particular enactment, statutory provision, or precedent.
p. 204Reasoning
The Court relied on the State’s submission, supported by the Tahsildar’s written instructions, that a survey had identified encroachments and that a Form I notice had been issued to the Block Development Officer.
p. 2In light of that progress, the Court directed respondents 2 and 3 to proceed with enforcement and remove the encroachments, subject to the procedures under the applicable statutes and rules.
p. 205Holding
The Court directed respondents 2 and 3 to complete the enforcement action and removal of the encroachments within twelve weeks from receipt of a copy of the order.
p. 2The writ petition was disposed of without costs, and any connected miscellaneous petitions were closed.
p. 3Original Court PDF
P.SenthilvsThe District collector
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