Dismissed¶44

Muthu @ Muthulakshmi v. The Commissioner (Cla)

Madras HC26 Aug 2025WP(MD)/4059/2023

Case brief

AI extract

What is this about?

Encroachment eviction writ petition dismissed; Tamil Nadu Highways Act removal of encroachment order upheld; patta application rejected as defence against eviction; State Highway declaration notification 24 July 2023 Tamil Nadu Government Gazette; highways authorities empowered to evict and implement road expansion project; jurisdictional police assistance for eviction; Melur Taluk, Valaicherrypatti Village, S.No. 114; Article 226 certiorarified mandamus refused; interim order prolonged occupation by two years.

What did the court decide?

The petitioner has not established any semblance of legal right and is an encroacher; consequently the writ petition is dismissed. ¶39

Muthu @ Muthulakshmi Vs The Commissioner (Cla) — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the Impugned Order in Memo No. 25-1/2022/U/ dated 17.02.2023 passed by the 7th respondent should be quashed as illegal and the 7th respondent forbidden from taking coercive steps until completion of patta proceedings for the petitioner's house in S.No. 114 of Valaicherrypatti Village. +1 more

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Court's answer

The petitioner has not established any semblance of legal right and is an encroacher; consequently the writ petition is dismissed.

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Ratio / Principle

Since the subject property has been declared highways property, the highways authorities are empowered to evict encroachers and implement the road expansion project or any other development.

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Key takeaways

The authorities shall proceed with the eviction of the encroachment and protect the highways properties for public purposes, seeking the assistance of the jurisdictional police if required.ratio¶43

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench) dismisses a writ of Certiorarified Mandamus sought under Article 226 by Muthu @ Muthulakshmi to quash the second show cause notice (Memo No. 25-1/2022/U/, dated 17.02.2023) issued by the Assistant Divisional Engineer (Highways), Melur Division, for removal of her encroachment in S.No. 114 of Valaicherrypatti Village, and to forbear coercive steps pending patta proceedings. The Court recorded that the petitioner had admitted occupation of the highways land and undertaken to vacate for the road expansion project; that the impugned order was passed under the Tamil Nadu Highways Act; that the land was declared State Highway vide notification dated 24.07.2023 published in the Tamil Nadu Government Gazette; and that the petitioner, as an encroacher, had established no semblance of legal right. Authorities were directed to proceed with eviction and protect highways property, with jurisdictional police assistance if required. No order as to costs; connected miscellaneous petitions closed.

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W.P(MD)No.4059 of 2023

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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.4059 of 2023 and

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W.M.P.(MD) Nos.3914, 16843 & 17092 of 2023

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Muthu @ Muthulakshmi ... Petitioner

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The Commissioner (CLA), Tamil Nadu Land Administration Department, Chepauk, Chennai.

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The District Collector, Madurai District, Madurai.

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The District Revenue Officer, Madurai District, Madurai.

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The Revenue Divisional Officer, Melur Taluk, Present at Vellaripatti, Madurai.

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The Thasildar, Melur Taluk, Madurai.

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

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W.P(MD)No.4059 of 2023

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6. The Block Development Officer, Kottampatti Panchayat Union, Melur Taluk, Madurai.

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The Assistant Divisional Engineer (Highways), Construction and Maintenance, Melur Division, Madurai District.

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Muruganantham ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the Impugned Order in Memo No. 25-1/2022/U/ dated 17.02.2023 passed by the 7th respondent and quash the same as illegal and consequently forbearing the 7th respondent from taking coercive steps until completion of patta proceeding by the revenue authorities to the house of the petitioner in S.No. 114 of Valaicherrypatti Village.

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For Petitioner : Mr.Sukumar.S, For Respondent : Mr.S.P.Maharajan (R1-R7) Special Government Pleader : Mr.B.S.Meltiue (R8)

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

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W.P(MD)No.4059 of 2023

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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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The second show cause notice issued by the Assistant Divisional

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Engineer State Highways in proceeding dated 17.02.2023 is under challenge in the present writ petition.

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2.The petitioner has encroached upon the highways land. Even in

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her representation which is enclosed at page No.56 of the typed set of papers filed along with the writ petition, the petitioner has admitted that she is in occupation of the subject land and in the event of road expansion project, she will vacate and hand over the possession to the authorities. It is admitted that the land belongs to the highways authorities. Show cause notice was issued on 01.02.2023 pursuant to the orders of this Court, dated 30.11.2022 in W.P.(MD)No.27001 of 2022 filed by the eighth respondent. The petitioner submitted an explanation on 08.02.2023 stating that she has submitted an application seeking patta and therefore she is not liable to be evicted. The authorities found that the encroachments are removed for widening the highways road and therefore, the evictions ought to be carried out. Accordingly the

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

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W.P(MD)No.4059 of 2023

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impugned order was passed on 17.02.2023 under the Tamil Nadu Highways Act for removal of encroachments.

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3.Though the impugned order has been passed in the year 2023, by virtue of the interim order passed in the present writ petition the petitioner is continuing in the highways property as an encroacher for about two more years.

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4.The learned Special Government Pleader would submit that the

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subject land is already declared as State Highway vide notification dated 24^th July, 2023, which was published in Tamil Nadu Government Gazette.

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5.The subject property has been since declared as highways property, the highways authorities are empowered to evict the encroachers and implement the road expansion project or any other development. The petitioner has not established any semblance of legal right and she is an encroacher. That being the factum, the writ petition is liable to be dismissed. The authorities/official respondents shall proceed with the eviction of encroachment and protect the highways properties

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

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W.P(MD)No.4059 of 2023

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for public purposes. The highways authorities if required shall seek the assistance of the jurisdictional police to evict the encroachers.

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6.With these observations the writ petition stands dismissed.

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There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.