G.K.Chitrambalam Vs the Director

¶1

W.P.No.46423 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 10.12.2025

¶4

C O R A M

¶5

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

¶6

W.P.No.46423 of 2025

G.K.Chitrambalam

... Petitioner

-vs-

1.The Director, Highways Department, No.76, Sardar Patel Road, Guindy, Chennai – 600 025.

¶11

2.The Divisional Engineer, Highways Department Office, Tiruvallur District – 602 001.

¶12

3.The Revenue Divisional Officer, Revenue Divisional Office, Tiruttani, Tiruvallur District – 631 209.

¶13

4.The Tahsildar, R.K.Pettai Taluk, Tiruvallur District – 631 302. ... Respondents

¶14

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents 1 to 4 to remove the encroachments in Survey No.300, 301, 302, 303, 305, 306, 321, 384, 360,

¶15

1/6

¶16

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

¶17

W.P.No.46423 of 2025

¶18

361, 372, 373, 374, 377, 380, 385, 390, 391, etc., which are all classified as road situated in Ammaiyarkuppam Panchayat, R.K.Pettai Taluk, Tiruvallur District and to maintain the said road as its original length pursuant to my representation dated 24.10.2025.

¶19

For Petitioner : Mr.R.Thirumoorthy

¶20

For Respondents : Mr.A.Selvendiran, Spl.GP.

¶21

O R D E R

¶22

(Order of the Court was made by S.M.SUBRAMANIAM,J.,) A Writ of Mandamus has been instituted to direct the respondents to

¶23

take action against the encroachments in survey numbers 300, 301, 302, 303, 305, 306, 321, 384, 360, 361, 372, 373, 374, 377, 380, 385, 390, 391, etc., which are all classified as road situated in Ammaiyarkuppam Panchayat, R.K.Pettai Taluk, Tiruvallur District and to maintain the said road as its original length based on the representation dated 24.10.2025.

¶24

2. This Court has directed the Authorities to conduct survey and

¶25

identify the encroachments and file a status report. The Divisional Engineer, Construction and Maintenance, Highways Department conducted a field inspection and filed a status report. The status report would show that the survey numbers mentioned in the representations submitted by the petitioner were verified with reference to the highways

¶26

2/6

¶27

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

¶28

W.P.No.46423 of 2025

¶29

records available and some of the survey numbers are private lands and does not belong to Highways Department. Wherever encroachments are identified in the entire stretch of highways property, action had already been taken and those encroachments were removed. Paragraph Nos.7 and

¶30

8 of the report of the 2^nd respondent reads as under:-

¶31

7. I further submit that in order to remove the encroachments, appropriate police protection was required from the Deputy Superintendent of Police. Thereafter, with police protection, the encroachments were removed on 12.11.2025 and 13.11.2025 and the Highways started to implement the CRIDP Scheme work in the Ammaiyarkuppam – Avalakunda Road. The photographs taken on the spot are enclosed herewith which would demonstrate how the road encroachments were removed by the respondents 1 & 2 with the help of the 3^rd and 4^th respondents and police officials.

¶32

8. I further submit that lands in Survey Nos.384, 360, 361, 372-374, 377, 380, 385, 390, 391 are not belongs to Highways Departments Roads without satisfying on the reply issued by the Highways Department, the petitioner herein has filed the above writ petition on 17.11.2025 seeking direction to remove the encroachments various survey numbers. As stated supra the encroachments on the road area comprised in Survey Nos.300-306 & 321 of Ammaiyarkuppam Village were removed as per the enumeration and survey conducted

¶33

3/6

¶34

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

¶35

W.P.No.46423 of 2025

¶36

by the 4^th respondent herein. As on date there is no encroachment in the “Road”. The remaining survey numbers are not belongs to Highways Departments Roads and therefore the petitioner cannot compel them to classify as encroachers.

¶37

3. The learned counsel for the petitioner disputed the said report by stating that some encroachments are yet to be removed. However, this Court cannot form an opinion with reference to certain photographs produced before this Court. It is made clear that the Authorities have to remove all encroachments, if any, exist even after removal of some encroachments. In this context the Divisional Engineer may if necessary conduct a careful survey and encroachments if exists are all to be removed and the highways property are to be protected for the benefit of the public. In view of the status report filed stating that the existing encroachments are removed, no further adjudication needs to be undertaken.

¶38

4. With the above observation, this Writ Petition stands disposed of. No costs.

¶39

(S.M.S,J.,) (C.K,J.,) 10.12.2025

¶40

4/6

¶41

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

¶42

W.P.No.46423 of 2025

¶43

Index: Yes / No Internet: Yes / No dsa