Madurai HC Gives Corporation 4 Months To Probe Alleged Pathway Encroachment; Removal Depends On Whether Land Is Public Pathway

The petitioner sought a mandamus directing respondents 1–3 to remove alleged encroachments and debris and restore a public pathway in Survey No. 1541/1A1, Kaliamman Kovil Street, Madurai, relying on representations dated 3 and 17 September 2026.

He alleged that the fourth respondent had encroached on the land and asserted that it was a pathway. The revenue records did not support that assertion; the State’s counsel submitted that the land was classified as Government tharisu.

The Court disposed of the petition by directing the second respondent to enquire into the representation.

The petition invoked the High Court’s writ jurisdiction under Article 226 of the Constitution of India.

The Court applied the procedural principle that the authority should hear the affected parties and examine relevant records before determining the land’s character; if satisfied that the land is a public pathway, it should take action to remove the encroachment “as per law”.

The order cites no specific statute or precedent and expressly leaves the merits undecided.

The Court did not accept the petitioner’s assertion as established because the revenue records did not support the land’s classification as a pathway, while the State’s counsel identified it as Government tharisu.

Rather than determine the land’s status on the available material, the Court directed the second respondent to issue notice to the fourth respondent, hear both sides, and examine the records.

Removal was made conditional on the authority being satisfied that the land is a public pathway.

It directed the second respondent to enquire into the petitioner’s representation, hear both sides, and examine the records; if satisfied that the land is a public pathway, the second respondent must take action under law to remove the encroachment.

The exercise must be completed within four months of receipt of the order. No costs were awarded.