Chinnapillai v. the District Collector
Case brief
What is this about?
Six Salem District petitioners challenged Assistant Divisional Engineer (Highways, Sankari) orders dated 18.03.2026/20.03.2026 removing highway encroachments via Article 226 certiorarified mandamus writs; enforcement followed High Court order dated 26.06.2025 in W.P.No.22905 of 2025 with partial demolition in 2024. Alternate-accommodation applications held no bar under Tamil Nadu Highways Act, 2001; dangerous/obstructing encroachments impermissible; petitions a second round of litigation, not maintainable; dismissed, connected WMPs closed, no costs.
What did the court decide?
Submitting applications before the District Collector seeking alternate accommodation is not a bar for the Highways authorities to remove the encroachments on the highways road under the provisions of the Tamil Nadu Highways Act, 2001; any such applications shall be considered under the Government Welfare Scheme, if any, in force, considering that the applicants are homeless poor persons and subject to the eligibility criteria stipulated under the Government scheme, which are to be scrupulously followed.