Madurai HC Gives Tahsildar 4 Months To Decide If 91-Sq-Ft Structure Encroaches On Public Street, Remove It If Confirmed

The petitioner, a resident of Kannanur, alleged that the seventh respondent had encroached on 91 square feet of a public pathway/public street in Survey No. 242/1 and sought its removal, relying on a representation dated 3 October 2026.

The State submitted that the land was classified as a road and that encroachment on a road was impermissible.

The Court disposed of the writ petition by directing the Tahsildar (fourth respondent) to issue notice and follow the statutory procedure.

The Court directed that the procedure laid down in the Tamil Nadu Land Encroachment Act, 1905, be followed before any removal action.

It further stated that if the fourth respondent, after following that procedure, is satisfied that there is an encroachment on a public street, the encroachment must be removed.

No judicial precedent was cited.

The Court did not determine whether the seventh respondent had in fact encroached on the public street.

Instead, it addressed the allegation through a procedural direction: the fourth respondent must give the seventh respondent notice and proceed under the 1905 Act.

Removal was made conditional on the fourth respondent being satisfied, following that process, that an encroachment existed.

If satisfied that the public street had been encroached upon, the fourth respondent was to remove the encroachment.

The exercise was to be completed within four months of receipt of the order.

The writ petition was disposed of, with no order as to costs, and the connected miscellaneous petition was closed.