01Facts
The petitioner sought a writ of mandamus directing the revenue authorities to remove alleged encroachments in Survey Nos. 99, 101, 102 and 133 of Puthirampattu Village, Sankarapuram Taluk, based on representations made in February and March 2025.
p. 2The State submitted that the revenue authorities had surveyed the land, identified the encroachment and issued a Form-I notice to the Block Development Officer to initiate enforcement action.
p. 202Issues
i.Whether the authorities should be directed to take action to remove the identified encroachment from the water body.
pp. 2–3ii.Whether the Court should prescribe a time limit for completing that enforcement action.
p. 303Law Applied
The Court acted under its writ jurisdiction pursuant to Article 226 of the Constitution of India, as invoked in the petition.
p. 2It directed that enforcement action for removal of the encroachment be taken in accordance with the procedures prescribed by the relevant statutes and rules in force; the judgment does not identify any particular statute, rule or precedent.
p. 304Reasoning
The authorities’ survey and identification of the encroachment, together with issuance of a Form-I notice to the Block Development Officer, showed that enforcement action had been initiated but remained to be completed.
p. 2The Court therefore directed the Tahsildar and the Block Development Officer to proceed under the applicable statutory procedures and imposed a twelve-week deadline.
p. 305Holding
The Court disposed of the writ petition with directions to the Tahsildar and the Block Development Officer to take the prescribed enforcement action to remove the encroachment from the water body within twelve weeks from receipt of a copy of the order.
p. 3No costs were awarded.
p. 3Original Court PDF
A.MADHIYALAGANvsTHE DISTRICT COLLECTOR
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