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Mohanadas v. the District Collector

Madras HC6 Feb 2025WP/3976/2025

Case brief

AI extract

What is this about?

Encroachment removal; Writ of Mandamus; Survey No.74 Pavithram Village Senthamangalam Taluk Namakkal; Tamil Nadu Highways Act 2001 Section 28(2)(ii) and proviso; show cause notice; UDR error; police protection request Na.Ka.No.26/AE dated 09.12.2024; Na.Ka.No.27/U.Poo. dated 28.11.2024; Assistant Engineer Highways final orders; safety valve for private encroachers; Madras High Court W.P.No.3976 of 2025; Mohandas v. District Collector Namakkal; disposed with directions; no costs.

What did the court decide?

No mandamus issued; main WP disposed of with further action made subject to orders by R4 under proviso to Section 28(2)(ii) of TN Highways Act (due on or before 27.02.2025, to be served on noticees and petitioner within five working days); rights to assail adverse orders preserved; no order as to costs. ¶59

Mohanadas Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a Writ of Mandamus should issue directing the fourth respondent to remove the encroachment made by respondents 6 and 7 in the land comprised in Survey No.74, Pavithram Village, Senthamangalam Taluk, Namakkal District. +1 more

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Court's answer

The main WP is disposed of with the court writing that further action, if any, will be subject to/depending on orders to be made by R4 vide proviso to Section 28(2)(ii) of TN Highways Act.

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Ratio / Principle

Removal of encroachment or otherwise will be subject to/depending on orders to be made by R4 under proviso to Section 28(2)(ii) of TN Highways Act.

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Key takeaways

The rights and contentions of all parties concerned to assail R4's orders, if adverse to any of them, are preserved.ratio¶51
R4 will consider the responses of the noticees on their own merits and in accordance with law, untrammelled by this order, which the court describes as a safety valve for private respondents R6 and R7.ratio¶51
R4 is to pass orders under proviso to Section 28(2)(ii) of TN Highways Act on or before 27.02.2025 (within three weeks), and such orders are to be duly served on the noticees/alleged encroachers as well as the writ petitioner within five working days from the date of the order.

Detailed headnote1 paragraphs

Madras High Court (order made by M.Sundar, J., bench comprising M.Sundar, J. and K.Govindarajan Thilakavadi, J.; 06.02.2025) disposed of W.P.No.3976 of 2025 filed by Mohandas under Article 226 of The Constitution of India seeking a Writ of Mandamus directing the Assistant Engineer, Highways (R4) to remove an alleged encroachment by private respondents Manikkam (R6) and Anandan (R7) in Survey No.74, Pavithram Village, Senthamangalam Taluk, Namakkal District. R4 had earlier communicated (09.12.2024, Na.Ka.No.26/AE) fixing 12.12.2024 for removal with police protection, but show cause notices under Section 28(2)(ii) of The Tamil Nadu Highways Act, 2001 had been issued to the alleged encroachers, who replied alleging a UDR error, and final orders were pending. The State undertook that R4 would pass orders under proviso to Section 28(2)(ii) on or before 27.02.2025, to be served on the noticees and the petitioner within five working days. The Court disposed of the WP writing that removal of encroachment or otherwise will depend on R4's orders under the proviso, preserved all parties' rights to assail adverse orders, and directed R4 to consider the noticees' responses on merits untrammelled by the order (a safety valve for R6 and R7). No order as to costs.

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W.P.No.3976 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.02.2025

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CORAM

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THE HONOURABLE MR.JUSTICE M.SUNDAR

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and

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THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI

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W.P.No.3976 of 2025

Mohandas

... Petitioner

Vs.

1.The District Collector,

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Namakkal District, Namakkal.

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2.The Divisional Engineer,

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Highways (Construction and Maintenance) Department, Namakkal District,

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Namakkal.

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3.The Tahsildar,

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Senthamangalam Taluk, Namakkal District.

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4.The Assistant Engineer,

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Highways (Construction and Maintenance) Department,

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Senthamangalam Taluk,

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Namakkal District.

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5.The Inspector of Police,

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Erumapalayam Police Station, Namakkal District.

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6.Manikkam

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7.Anandan

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... Respondents

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Page Nos.1/7

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

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W.P.No.3976 of 2025

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Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the fourth respondent to remove the encroachment made in the land comprised in Survey No.74 situate at Pavithram Village, Senthamangalam Taluk, Namakkal District, made by the respondents 6 and 7, in pursuance of the communication sent by the fourth respondent to the fifth respondent dated 28.11.2024 in Na.Ka.No.27/U.Poo., within stipulated time.

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For Petitioner : Mr.C.Prabakaran For Respondents : Mr.M.S.Arasakumar, Government Advocate for R1 to R5

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ORDER

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[Order of the Court was made by M.SUNDAR, J. ,]

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Captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) pertains to alleged encroachment in 'Survey No.74 - 0.6 km in

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Pavithram, Navaladipatti, Pavithrampudur Road within Senthamangalam Highways Sub Division, Namakkal Division' (hereinafter 'said land' for the sake of convenience and clarity).

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Mr.C.Prabakaran, learned counsel on record for writ petitioner

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submits that R4 (The Assistant Engineer, Highways (Construction and

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Page Nos.2/7

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

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W.P.No.3976 of 2025

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Maintenance) Department, Senthamangalam Taluk, Namakkal District) has written a communication to R5 (The Inspector of Police, Erumapalayam Police Station, Namakkal District). In this communication dated 09.12.2024 bearing reference Na.Ka.No.26/AE, R4 has mentioned that 12.12.2024 has been fixed as the date for removal of encroachment and requested for police protection but nothing has happened until today, that has necessitated captioned main WP, is learned counsel's say.

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3. Issue notice to official respondents.

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Mr.M.S.Arasakumar, learned Government Advocate accepts

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notice for R1 to R5 and submits on instructions that the private respondents and alleged encroachers were issued show cause notices under Section 28(2)(ii) of 'The Tamil Nadu Highways Act, 2001' (hereinafter 'TN Highways Act' for the sake of convenience and clarity), the noticees have replied saying that there is UDR error and R4 has to now pass final orders after considering the representation/response of the noticees/alleged encroachers. To be noted, this is the procedure prescribed under TN Highways Act and such procedure ensures that alleged encroachers are given an

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Page Nos.3/7

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

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W.P.No.3976 of 2025

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opportunity by being show caused and their responses are considered by way of an order to be made by the officer concerned. In this case, the officer concerned is R4 as what we are informed.

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Learned State counsel submits that R4 will now pass orders under proviso to Section 28(2)(ii) of TN Highways Act within three weeks from today i.e., on or before 27.02.2025. Let the needful be done. Let such orders be duly served on the noticees/alleged encroachers as well as the writ petitioner within five working days from the date of the order.

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Though obvious we make it clear that removal of encroachment or otherwise will be subject to/depending on orders to be made by R4 under proviso to Section 28(2)(ii) of TN Highways Act. We also make it clear that the rights and contentions of all the parties concerned to assail the orders, if it is adverse to any of them, are preserved. We also make it clear that R4 will now consider the responses of noticees on its own merits and in accordance with law untrammelled by this order. This puts in a safety valve qua private respondents (R6 and R7).

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Page Nos.4/7

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

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W.P.No.3976 of 2025

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