Mrs.S.Karpagam Vs The District Collector

Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondent Nos.2 and 3 refrain from taking illegal possession by considering the representation, dated 16.02.2025.

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For Petitioner : Mr.G.Mayakrishnan, for Ms.S.Balamuki

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For Respondents : Mr.J.Ravindran, Additional Advocate General, Assisted by Mr.A.Selvendran, Special Government Pleader

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ORDER

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This Writ Petition is filed with a prayer directing the respondent Nos.2

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and 3 to refrain from taking illegal possession by considering the

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representation of the petitioner, dated 16.02.2025.

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The grievance of the petitioner is that the petitioner has put up her

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constructions in her own property. The highways authorities visited the

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petitioner's premises. Earlier, when the authorities objected in respect of the https://www.mhc.tn.gov.in/judis

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main gate for the purpose of putting up drainage channel, the petitioner readily agreed and that space was already given. The petitioner is no more in occupation of any highways land or the land belonging to the Government and according to the petitioner, all the existing constructions are only in her

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private property. While earmarking the land belonging to the highways, the highways authorities are wrongfully marking the same and are trying to

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demolish the structures that are there in the petitioner's patta property also.

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No notice whatsoever has been issued to the petitioner and the petitioner was

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not heard. Today, they are invoking the exercise of taking possession and

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also carrying out the necessary demolition. Hence, they urgently moved this

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petition.

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Mr.A.Selvendran , learned Special Government Pleader takes notice

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for the respondents. Mr.J.Ravindran, learned Additional Advocate General,

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appearing for the respondents, would submit that the contention of the

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petitioner that her constructions are only on the private land and not on the

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highways land, is disputed. In any event, due show-cause notice will be issued under Section 15(1) and (2) of the Tamil Nadu Highways Act, 2001 and the procedure as contemplated under law will be followed. The petitioner can raise all the objections before the authorities and the authorities can consider the same.

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In view thereof, this Writ Petition is disposed of on the following

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terms:-

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(i) The authorities shall follow the due procedure as contemplated

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under law as per Section 15 of the Tamil Nadu Highways Act, 2001 and the petitioner will have an opportunity to raise all her objections as and when the

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notice is issued and the said objections shall be considered by the authorities so that an appropriate boundary can be properly located. The said exercise shall be carried out as expeditiously as possible;

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(ii) Needless to state that the authorities will not proceed further to

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demolish or to dispossess the petitioner until such exercise is carried out;

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(iii) There shall be no order as to costs. Consequently, connected