Dismissed¶35

Paramasivam v. The Assistant Engineer

Madras HC1 Sept 2025WP/8370/2020

Case brief

AI extract

What is this about?

Madras High Court; W.P. No.8370 of 2020; M.Dhandapani, J.; decided 01.09.2025; Tamil Nadu Highways Act, 2001 Section 28(2); highway land acquisition; encroachment removal and vacation notice dated 01.06.2020; representation dated 04.06.2020; maintainability of writ of mandamus; petitioners not owners after acquisition; Survey No.16/2, Senthil Nagar, Chennai; writ petition dismissed; connected miscellaneous petition closed; no costs.

What did the court decide?

On perusal of the records, the court found that the Highways Department acquired the land after following necessary procedure, and that after acquisition the petitioner is residing in the very same residence. ¶31

Paramasivam Vs The Assistant Engineer — Writ and Judicial Review | Madras HC (2025)

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W.P.No.8370 of 2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 01.09.2025

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CORAM:

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THE HON'BLE MR.JUSTICE M.DHANDAPANI

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W.P. No.8370 of 2020 and W.M.P.No.10055 of 2020

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Paramasivam

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P.Gayathri

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... Petitioners

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-Vs-

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The Assistant Engineer (Highways) Office, Construction and Maintenance,

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Chennai Corporation Road Division – III, Chennai – 600 015.

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The Divisional Engineer (Highways), Construction and Maintenance, Chennai Corporation Road Sub Division, Chennai – 600 015.

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The Assistant Divisional Engineer (Highways) Construction and Maintenance, Chennai Corporation Road Sub Division, Chennai – 600 015.

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... Respondents

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Prayer:- Writ Petition filed under Article 226 of Constitution of India, for issuance of Writ of Mandamus directing the first respondent to consider the petitioners' representation dated 04.06.2020 after affording an opportunity to them to produce all necessary documents with relates to the property and

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

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W.P.No.8370 of 2020

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consequently restraining the respondents from taking any coercive action in respect of Petitioners land in Survey No.16/2 situated at 4, Senthil Nagar, 15^th Cross Street, Chennai pursuant to an order of the first respondent dated 01.06.2020 till the final order has been passed under Section 28 (2) (ii) of the Tamil Nadu Highways Act, 2001 and pass orders.

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For Petitioners : Mr.Muthukumar for M/s.Paul and Paul For Respondent : Mr.A.M.Ayyadurai Government Advocate

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ORDER

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This Writ Petition has been filed to direct the first respondent to consider the petitioners' representation dated 04.06.2020 after affording an opportunity to them to produce all necessary documents with relates to the property and consequently restraining the respondents from taking any coercive action in respect of Petitioners land in Survey No.16/2 situated at 4, Senthil Nagar, 15^th Cross Street, Chennai pursuant to an order of the first respondent dated 01.06.2020 till the final order has been passed under Section 28 (2) (ii) of the Tamil Nadu Highways Act, 2001.

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The learned counsel for the petitioners submitted that the

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2/5

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

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W.P.No.8370 of 2020

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petitioners are the owner of the property. The property acquired by the Highways Department for extension of the road. Aggrieved by the same, the petitioners made a representation dated 04.06.2020 to the respondents. The respondents had not initiated any action, till date. Hence, the Writ Petition has been filed for the above said relief.

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The learned Government Advocate appearing for the respondents submitted that the order has been passed by the first respondent dated 01.06.2020, as per Section 28 (2) (11) of Tamil Nadu Highways Act, 2001

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by directing the petitioner to remove the encroachment and vacate the premises within a period of seven days. But they had not done so.

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Considering the facts and circumstances of this case and on perusal of the records, it is found that the Highways Department acquired the land after following necessary procedure and after acquisition, the petitioner is residing in the very same residence. As against which, the respondents issued notice under Section 28 (2) (11) of Tamil Nadu Highways Act, 2001. Hence, the prayer sought in this Writ Petition is not maintainable since the land already acquired by the Highways Department and the petitioner is not a owner of the property.

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3/5

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

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W.P.No.8370 of 2020

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Accordingly, this Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs.

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01.09.2025

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dh Index : Yes/No Speaking/Non-speaking order