Venkatesan Vs The District Collector / Monitoring… — Writ and Judicial Review | Madras HC (2025)

Venkatesan Vs The District Collector / Monitoring… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ Petition disposed of with a direction to the official respondents (1 to 6) to complete the enforcement action and remove the encroachments made by respondents 7 and 8 within eight weeks from receipt of a copy of the order, following the procedures contemplated under the Act and Rules; no costs awarded; connected miscellaneous petition (W.M.P.(MD)No.14440 of 2025) closed.

Issue for consideration

Whether the official respondents (1 to 6) should be directed to remove the encroachments made by respondents 7 (Pandiyan) and 8 (Vadivukarasi) on S.No.13/4 situated in Manippallam Road, Pudukkottai Town, classified as Salai (road).

Court's answer

In view of the Additional Government Pleader's submission that enforcement actions had already been initiated, the court directed the official respondents to complete the enforcement action (removal of encroachments on the classified road land) within a period of eight weeks from the date of receipt of a copy of the order.

Ratio / Principle

The enforcement/removal action is to be carried out by following the procedures as contemplated under the Act and Rules.

Detailed headnote1 paragraphs

Mandamus writ (W.P.(MD)No.18800 of 2025, Madras High Court - Madurai Bench, 11.07.2025; S.M.Subramaniam, J. authored, with Dr.A.D.Maria Clete, J.). Petitioner Venkatesan sought direction to respondents 1 to 6 (District Collector/Monitoring Committee, Divisional Engineer Highways, Assistant Divisional Engineer Highways, Revenue Divisional Officer, Commissioner Pudukkottai Municipality, Inspector of Police Ganesh Nagar Police Station) to remove encroachments made by private respondents Pandiyan (R7) and Vadivukarasi (R8) in S.No.13/4, Manippallam Road, Pudukkottai Town, classified as Salai (road). The Additional Government Pleader reported that enforcement actions were already initiated and notice under Section 28 of the Tamil Nadu Highways Act issued to the encroachers. Accepting the submission, the court directed the official respondents to complete the enforcement action within eight weeks from receipt of a copy of the order by following the procedures contemplated under the Act and Rules, and disposed of the writ petition without costs, closing the connected W.M.P.(MD)No.14440 of 2025.

W.P.(MD)No.18800 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 11.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

W.P.(MD)No.18800 of 2025 and W.M.P.(MD)No.14440 of 2025

Venkatesan

... Petitioner

Vs.

1.The District Collector / Monitoring Committee, Pudukkottai, Pudukkottai District.

2.The Divisional Engineer, Highways, Pudukkottai, Pudukkottai District.

3.The Assistant Divisional Engineer, Highways, Construction and Maintenance Office, Pudukkottai, Pudukkottai District.

4.The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

5.The Commissioner, Pudukkottai Municipality, Pudukkottai, Pudukkottai District.

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W.P.(MD)No.18800 of 2025

6.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District.

7.Pandiyan

8.Vadivukarasi

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachments made by the respondents 7 and 8 in S.No.13/4 situated in Manippallam Road, Pudukkottai Town, which is classified as salai (road).

For Petitioner : Mr.R.Maheswaran For R1 to R4 : Mr.M.Sarangan, Additional Government Pleader For R6 : Mr.T.Senthil Kumar, Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J. )

The Writ on hand has been instituted seeking for a direction to the respondents 1 to 6 to remove the encroachments made by the respondents 7 and 8 in S.No.13/4 situated in Manippallam Road, Pudukkottai Town, which is classified as Salai (road).

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W.P.(MD)No.18800 of 2025

2.The learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that enforcement actions have already been initiated and notice under Section 28 of the Tamil Nadu Highways Act was issued to the encroachers of highways property. By following the procedures, encroachment will be removed by the competent authorities within a period of eight (8) weeks from the date of receipt of a copy of this order.

3.In view of the said submission, the official respondents are directed to complete the enforcement action within a period of eight weeks from the date of receipt of a copy of this order by following the procedures as contemplated under the Act and Rules.

4.With the above direction, this Writ Petition is disposed of. No costs.

Consequently, connected miscellaneous petition is closed.

(S.M.S., J.) & (A.D.M.C., J.) 11.07.2025

NCC : Yes / No Index : Yes / No Yuva

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W.P.(MD)No.18800 of 2025

To

1.The District Collector / Monitoring Committee, Pudukkottai, Pudukkottai District.

2.The Divisional Engineer, Highways, Pudukkottai, Pudukkottai District.

3.The Assistant Divisional Engineer, Highways, Construction and Maintenance Office, Pudukkottai, Pudukkottai District.

4.The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

5.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District.

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W.P.(MD)No.18800 of 2025

S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

Yuva

W.P.(MD)No.18800 of 2025

11.07.2025

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