1 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 1051 of 2026 ORDER: 1. It is submitted by the learned counsel appearing for the petitioner that the petitioner is aggrieved by the impugned notice dated 02.01.2026 issued by the 3rd respondent, calling upon the petitioner to demolish the alleged unauthorized construction encroaching upon a 3-feet road margin. 2. The learned counsel appearing for the petitioner submits that the road referred to in the impugned notice is a private passage and is also the subject matter of O.S.No.194 of 2019. That apart, it is submitted that the petitioner is maintaining the said passage. It is further submitted that, at the behest of the 4th respondent, the 3rd respondent, without issuing any show-cause notice, could not have determined that the petitioner had encroached upon the said passage to an extent of 3 feet. 3. Sri G. Lakshmi Narayana, learned Standing counsel appearing for the 3rd respondent, on written instructions submits that the respondents have undertaken a survey and called upon the petitioner to furnish his title documents. It is also submitted that the petitioner refused to furnish the property documents at the time of survey. It was thereafter determined that the petitioner had encroached to an extent of 3 feet on the eastern side of the petitioner’s property, and as such, the encroachment notice was issued. 4. Heard. Perused the record. 2 5. Considering the submissions that the petitioner had denied submitting his title documents to the 3rd respondent at the time survey. determination of the extent of land over which the petitioner has title and any alleged encroachment, when compared with the title documents, would be possible only if the petitioner submits his title documents. 6. In reply, the learned counsel for the petitioner submits that the petitioner is willing to submit a copy of the title documents to enable the 3rd respondent to conduct a re-survey by referring to the petitioner’s title documents. 7. Recording the same, the writ petition is disposed off, leaving it open for the petitioner to submit the title documents within a period of two weeks from the date of the receipt of this order. Upon receipt of the said document, the 3rd respondent shall conduct a fresh survey by issuing notice to all the concerned, including the 4th respondent, and determine the boundaries and any extent of encroachment by the petitioner. Pending such consideration, there shall be no interference of the respondents with the construction activity, subject to the condition that the petitioner shall not encroach upon the subject passage. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:08.01.2026 NKA 3 104 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 1051 of 2026 Date: 08.01.2025 NKA