Public-road encroachments must be identified by survey and removed only after due process.

The petitioner alleged that respondents 5 to 30 had encroached on TBN Road in Survey No. 50, Palanichettypatti, and sought removal of the alleged encroachments based on his representation dated 19 April 2025.

The Court considered the petition and directed the Tahsildar to survey the site, with notice to interested persons, and prescribed further action if encroachments were identified.

1. Whether the authorities should be directed to survey the alleged encroachments on TBN Road after giving notice to interested persons.

2. Whether any encroachments identified on the public road should be removed, subject to due process of law.

Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998, was relied on as the provision under which the fourth respondent was to issue notice following identification of encroachers through the survey.

The Court also stated that encroachment on a public road cannot be permitted and that any removal must comply with due process of law.

The Court did not determine whether the private respondents had in fact encroached on the road. It directed a survey by the Tahsildar, requiring prior notice to interested persons and providing that the survey could proceed if notified private respondents failed to attend.

Any further action was made conditional on the survey identifying encroachers: the fourth respondent was then to issue notice under Section 128, and any removal was to follow due process.

The entire exercise was to be completed within six months from receipt of the order; no costs were awarded.