A.Gandhimathi Vs the District Collector — Madras HC (2026) — LawSathi Research

A.Gandhimathi Vs the District Collector — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ Petition dismissed with liberty to the petitioner to submit her explanation with documents within two weeks; authorities directed to re-conduct field inspection and survey, ascertain encroachments, and complete enforcement action for removal of any encroachment on the public road in accordance with the relevant statute and rules in force within twelve weeks; no costs; connected miscellaneous petition closed.

Issue for consideration

Whether the records of the 3rd respondent (Na.Ka.No.C4/64/2024 dated 06.05.2024, the Memorandum directing removal of the petitioner's septic tank encroaching the Panchayat public road) should be called for and quashed, and the 3rd respondent directed to conduct a field inspection and decide the nature and permissibility of the sump/septic tank construction.

Court's answer

A show cause notice issued by the authorities for removal of a septic tank constructed in the public road does not, per se, provide a cause for institution of a writ petition; if the petitioner claims any right over the land where the tank is constructed, she must submit her explanation along with documents to establish her case instead of filing a writ petition.

Ratio / Principle

The petitioner is at liberty to submit her explanation along with documents to defend her case within a period of two weeks from the date of receipt of a copy of the order.

Key takeaways

On receipt of any such representation, the authorities shall once again conduct field inspection and survey, ascertain any encroachments made by the petitioner, and thereafter initiate enforcement action to ensure removal of any encroachment on the public road by following the procedures contemplated under the relevant statute and rules in force, completing the exercise within twelve weeks from the date of receipt of a copy of the order.ratio¶¶31

Detailed headnote1 paragraphs

Writ Petition (WP No. 14073 of 2024, High Court of Judicature at Madras, order dated 01-04-2026; Order of the Court made by S.M. Subramaniam J., Bench including K. Surender J.) DISMISSED. A. Gandhimathi challenged the Memorandum dated 06.05.2024 (Na.Ka.No.C4/64/2024) of the Block Development Officer, Kammapuram, Cuddalore District, which recorded that she had constructed a septic tank on the public road belonging to Periakuruchi Panchayat by encroaching it, causing health hazard, and asked for its removal. Held (S.M. Subramaniam J.): (i) a show cause notice for removal of a septic tank constructed in the public road would not, per se, provide a cause for institution of a writ petition; a claimant asserting a right over the land must submit her explanation with supporting documents to the authorities rather than file a writ petition; (ii) petitioner given two weeks from receipt of the order to submit her explanation and documents; (iii) on receipt of such representation, the authorities shall again conduct field inspection and survey, ascertain any encroachments, and initiate enforcement action to remove any encroachment on the public road per the procedures contemplated under the relevant statute and rules in force, completing the exercise within twelve weeks. No costs; connected miscellaneous petition closed.