Authority: High Court of Judicature at Madras
Order Date: 24-06-2026
Case Overview
- Petitioner: V. Balaji, resident of Ponneri, Thiruvallur District, filed writ petition WP No.23607 of 2026 (and related WMP Nos.25562,25563) under Article 226 challenging a notice dated 05‑06‑2026 issued by the Commissioner, Ponneri Municipality, for removal of encroachment on a public pathway.
- Respondents: Commissioner, Ponneri Municipality Corporation and the Taluk Surveyor Office of the Tahsildar, Ponneri.
- Earlier, the petitioner had filed WP No.48891/2025 seeking removal of encroachment by his neighbour Mani. The Court directed a survey of the land. The survey, conducted in the presence of the petitioner, found that the petitioner had encroached 3 feet of the common pathway (Survey No. S.No.465/2A1A1A) and that neighbour Mani had also encroached and obstructed the pathway by installing an iron gate. Accordingly, a notice dated 05‑06‑2026 was issued to both the petitioner and Mani.
- In the present petition, the petitioner contended that the notice was illegal and improper because no survey was conducted in his presence and he sought removal of only the neighbour’s encroachment. The Court noted that the survey had indeed been conducted in his presence and that the petitioner himself was found to be in encroachment.
Final Outcome
- The Court held that the petitioner’s current prayer is inconsistent with the earlier Court‑directed survey and the actions taken by the authorities. Consequently, the writ petition is dismissed at the admission stage, no costs are awarded, and the connected miscellaneous petitions are closed.
Topics: Encroachment, Municipal Law