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V.Suganya v. the District Collector

Madras HC16 Dec 2025WMP/4694/2025

Case brief

AI extract

What is this about?

Extension of time to vacate encroached public/layout road; Madras High Court miscellaneous petition in W.P. No. 21352 of 2024 (order dated 05.08.2024 fixing six months); deadline now 18.01.2026 (Pongal); enforcement directions to Tahsildar and Block Development Officer, Avinashi Taluk, Tirupur District; Sembiyanallur and Nambiyampalayam panchayats. Short interlocutory order - no statutory provision or precedent discussed; no monetary quantum.

What did the court decide?

Extension of time only till 18.01.2026 (Pongal festival) to vacate/hand over possession of the public road; failing handover, respondents 2 and 3 (Tahsildar and Block Development Officer) to take immediate steps to remove encroachment and keep the road free. ¶23

V.Suganya Vs the District Collector — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be granted a further extension of time, beyond the six-month period fixed by this Court's order dated 05.08.2024, before the layout roads are opened for public access / the petitioner vacates the public road.

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Court's answer

The Court refused the requested further six months' time, holding that such an extension would leave the petitioner in occupation of the public road and deny its use to the public till June 2026.

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Ratio / Principle

On counsel's request, limited time was extended only till 18.01.2026 (the Pongal festival) for the petitioner to vacate / hand over possession of the public road.

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Key takeaways

If the petitioner fails to hand over possession after 18.01.2026, respondents 2 and 3 (the Tahsildar and the Block Development Officer) are directed to take immediate steps to ensure the road remains free of encroachment.ratio¶23

Detailed headnote1 paragraphs

Madras High Court (V. Lakshminarayanan, J.), WMP No. 4694 of 2025 in W.P. No. 21352 of 2024, order dated 16-12-2025: The petitioner, who had been allowed six months by the Court's order dated 05.08.2024 to vacate a public/layout road (citing a threatening situation in the layout), sought a further six months. The Court declined a further six months, observing that it would keep the petitioner in occupation of the public road and deny public use till June 2026. On counsel's request, time was extended only till 18.01.2026 (Pongal festival); failing handover of possession, respondents 2 and 3 (Tahsildar, Avinashi Taluk and Block Development Officer) were directed to take immediate steps to ensure the road remains free of any encroachment. Petition allowed in those terms.

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WMP No. 4694 of 2025 in W.P.No.21352 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16-12-2025

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CORAM

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THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN

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WMP No. 4694 of 2025 in WP NO. 21352 OF 2024

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V.Suganya W/o.G.Vijayagopal, 1/122/24, Sagana Garden, Sevur Road, Avinashi-641 654.

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..Petitioner

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The District Collector O/o.The District Collector, Tirupur District.

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The Tahsildar Avinashi Taluk, Tirupur District.

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The Block Development Officer, Avinashi Taluk, Tirupur District.

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The Panchayat President, Sembiyanallur Panchayat Avinashi Taluk, Tirupur District.

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The Panchayat President, Nambiyampalayam Panchayat, Avinashi Taluk, Tirupur District.

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..Respondents

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Prayer : To grant further time for opening the layout roads for public access taking into the consideration of the threatening situation which prevails in the layout by extending the order of this Honble Court by its order dated 05.08.2024 as per the time frame fixed by this Honble Court.

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https://www.mhc.tn.gov.in/judis

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WMP No. 4694 of 2025 in W.P.No.21352 of 2024

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For Petitioner : Mr.U.Gokulakrishnan For Respondents : Mr.L.S.M.Hasan Fizal Additional Government Pleader

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Order

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Mr.Gokulakrishnan states that he requires six more months time to vacate the public road. This Court, by an order dated 05.08.2024 had granted a period of six months time, which expired long ago. This petition seeking further time was filed in January and we are in December. Further six months time would prevent persons from using the road till June 2026.

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I am not inclined to grant such time whereby the petitioner will continue to occupy the public road. When this was pointed out to Mr.Gokulakrishnan, he states that time may be granted till Pongal festival. Hence, time is extended till 18.01.2026 . In case the petitioner does not hand over possession thereafter, the respondents 2 and 3 shall take immediate steps to ensure that the road remains free of any encroachment. The petition is allowed in the above terms.

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16-12-2025

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KST

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__________ Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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WMP No. 4694 of 2025 in W.P.No.21352 of 2024

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