Disposed¶26

S.Bose v. The Chief Engineer

Madras HC26 Aug 2025WP(MD)/23169/2025

Case brief

AI extract

What is this about?

S.Bose v Chief Engineer Highways Department; W.P.(MD) No.23169 of 2025; Madurai Bench Madras High Court; 26.08.2025; writ of mandamus Article 226; eviction encroachment Survey No.359 Chockalingapuram Bodiamanvadi Village Dindigul District; pending appeal 05.08.2025 Section 41(4) Tamil Nadu Highways Act 2001; personal hearing; encroachments removed photograph; writ petition closed no orders no costs; connected W.M.P.(MD) Nos.18211 & 18213 of 2025 closed.

What did the court decide?

None; the writ petition was closed without orders and without costs after the respondents reported removal of the encroachments. ¶26

S.Bose Vs The Chief Engineer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

None; the writ petition was closed without orders and without costs after the respondents reported removal of the encroachments.

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Issue for consideration

Whether a writ of mandamus should issue forbearing the respondents from evicting the petitioner from the property in Survey No.359, Chockalingapuram, Bodiamanvadi Village, Dindigul District until disposal of his appeal dated 05.08.2025 under Section 41(4) of the Tamil Nadu Highways Act, 2001, and directing them to afford the petitioner a personal hearing and pass orders in accordance with law.

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Court's answer

Since the learned Additional Government Pleader reported on instructions that the subject encroachments have been removed (photograph produced to the Court), no orders were required in the writ petition; the petition was closed without costs and the connected miscellaneous petitions (W.M.P.(MD) Nos.18211 & 18213 of 2025) were also closed.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), Division Bench of S.M.Subramaniam and G.Arul Murugan, JJ. Order dated 26.08.2025 authored by S.M.Subramaniam, J.: W.P.(MD) No.23169 of 2025 (petitioner S.Bose, represented by Mr.P.Vetrivel for Mr.M.Mahendran; respondents: Chief Engineer, Divisional Engineer (D-3) and Assistant Engineer (D-1), Highways Department, counselled by Mr.M.Sarangan, AGP) had prayed under Article 226 of the Constitution of India for a writ of mandamus forbearing eviction of the petitioner from Survey No.359, Chockalingapuram, Bodiamanvadi Village, Dindigul District until disposal of his appeal dated 05.08.2025 under Section 41(4) of the Tamil Nadu Highways Act, 2001 by the 2nd respondent, and for a personal hearing. On the date of hearing, the Additional Government Pleader stated on instructions that the encroachments had been removed, producing a photograph. Finding no orders necessary, the Court closed the writ petition without costs and closed the connected W.M.P.(MD) Nos.18211 & 18213 of 2025.

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W.P.(MD) No.23169 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 26.08.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

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W.P.(MD) No.23169 of 2025 and

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W.M.P.(MD) Nos.18211 & 18213 of 2025

S.Bose

... Petitioner

-vs-

1.The Chief Engineer Highways Department Construction and Maintenance Integrated Chief Engineer Office HRS Campus 76, Sardar Patel Road Guindy, Chennai

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2.The Divisional Engineer (D-3) Highways Department Dindigul District

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3.The Assistant Engineer (D-1) Highways Department Construction and Maintenance Aathur Sub Division Dindigul District ... Respondents

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_____________ Page 1 of 4_

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

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W.P.(MD) No.23169 of 2025

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus forbearing the respondents from evicting the petitioner from the property in Survey No.359, Chockalingapuram, Bodiamanvadi Village, Dindigul District, until disposal of the petitioner's appeal dated 05.08.2025 under Section 41(4) of the Tamil Nadu Highways Act, 2001 by the 2^nd respondent and consequently direct the respondents to afford the petitioner a personal hearing and pass orders in accordance with law, within a time frame fixed by this Court.

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For Petitioner : Mr.P.Vetrivel for Mr.M.Mahendran For Respondents : Mr.M.Sarangan Additional Government Pleader

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O R D E R

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

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Today, when the matter is taken up for hearing, learned Additional Government Pleader appearing for the respondents, on instructions, submitted that the subject encroachments have been removed and to that effect, he has produced a photograph before this Court.

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Page 2 of 4

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

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W.P.(MD) No.23169 of 2025

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2. In view of the above submission, no orders are required in this

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writ petition and the same is, therefore, closed. No costs. Consequently, connected miscellaneous petitions are closed.

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[S.M.S., J.] [G.A.M., J.]

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26.08.2025

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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krk

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To:

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1.The Chief Engineer, Highways Department, Construction and Maintenance, Integrated Chief Engineer Office, HRS Campus, 76, Sardar Patel Road, Guindy, Chennai.

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