Writ petition challenging a highway-related notice issued in the name of the petitioner's deceased mother. The court held the notice was consequential to an earlier notice issued when the mother was alive and declined to interfere, granting liberty to file a fresh representation to be decided on merits within seven working days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.19601 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.07.2026
CORAM:
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN AND THE HONOURABLE MR. JUSTICE R. SAKTHIVEL
W.P.(MD)No.19601 of 2026
and W.M.P.(MD)No.14511 of 2026
J.Sutha
... Petitioner
Vs.
1.The Divisional Engineer, State Highways Department, Construction and Maintenance, Nagercoil, Kanyakumari District.
2.The Assistant Divisional Engineer, State Highways Department, Construction and Maintenance, Thuckalay, Kanyakumari District.
3.The Tahsildar, Tiruvattar Taluk, Kanyakumari District.
(Cause title suo motu amended as per order of this Court dated 10.07.2026 in WP.(MD)No.19601 of 2026)
... Respondents
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W.P.(MD)No.19601 of 2026
PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned notice passed by the second respondent by proceedings No.Ku No.145/2025/A2 dated 07.04.2025 to quash the same as the same was issued against the death person without any survey report and sketch.
For Petitioner : Mr.F.Deepak For Respondents : Mr.M.P.Senthil, Counsel for State of TN
ORDER
(Order of the Court was made by C.V.Karthikeyan, J. )
This writ petition has been filed in the nature of certiorari
seeking to call for the records relating to the impugned notice passed by the second respondent by proceedings No.Ku No.145/2025/A2 dated 07.04.2025 to quash the same.
2.The primary ground raised by the petitioner to quash the impugned notice is that it had been issued in the name of her deceased mother. It is, therefore, contended that the notice suffers from patent illegality and is liable to be withdrawn and that fresh notice ought to be issued to the petitioner and the other legal heirs.
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W.P.(MD)No.19601 of 2026
3.It is to be noted that the State Highway connecting Tamil Nadu and Kerala was formed in the year 2017. The petitioner's house is situated in Survey Nos. 613/2 and 613/4, connecting Kaliyakkavilai and Kanyakumari. It is contended that the house is situated about 13 feet away from the highway and does not in any manner obstruct the formation of the National Highway. It is further contended that the petitioner's mother died on 27.08.2024, whereas the impugned notice was issued in her name.
4.Mr.M.P.Senthil, learned Counsel for State of TN appearing
for the respondents contended that the impugned notice had been received by the petitioner's sister and had also come to the knowledge of the petitioner. It was further submitted that, prior to the issuance of the impugned notice, an earlier notice had been issued on 05.02.2024, when the petitioner's mother was very much alive. Neither the petitioner nor any of his family members had submitted any objection or representation pursuant to the said notice. The impugned notice is only consequential to the earlier notice dated 05.02.2024. Merely because the petitioner's mother had died subsequently, the consequential notice cannot be said to
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W.P.(MD)No.19601 of 2026
be invalid, since the respondents had proceeded on the basis of the names found in the revenue records.
5.In view of the above submission, we are not inclined to interfere with the impugned notice. However, liberty is granted to the petitioner to submit a fresh representation to the second respondent, namely, the Assistant Divisional Engineer, State Highways Department. If such representation is submitted, the second respondent shall consider and dispose of the same on its own merits and in accordance with law, after following due procedure, within a period of seven working days from the date of its receipt, by following the due procedures.
6.This Court also takes judicial notice of the fact that the matter pertains to the State Highways Department. The cause title shall, therefore, be suo motu corrected by substituting the "National Highways Department" with the "State Highways Department" in respect of the first and second respondents before issuance of the order copy. The Registry shall carry out the necessary amendment in the cause title.
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W.P.(MD)No.19601 of 2026
7.The writ petition stands dismissed with the above liberty.
There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
[C.V.K., J.] & [R.S.V., J.] 10.07.2026
Index :Yes/No Internet :Yes GNS
To
1.The Tashildar, Kayathar Taluk, Thoothukudi District.
2.The Executive Officer, Kayathar Town Panchayat, Kayathar, Thoothukudi District.
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W.P.(MD)No.19601 of 2026
C.V.KARTHIKEYAN, J and R. SAKTHIVEL, J
GNS
W.P.(MD)No.19601 of 2026
10.07.2026
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1 issue framed by the court
Whether a notice issued in the name of the petitioner's deceased mother, consequential to an earlier notice issued during her lifetime, is invalid and liable to be quashed.
1 provisions across 1 enactments
J.Sutha
The Divisional Engineer, State Highways Department, Construction and Maintenance, Nagercoil, Kanyakumari District
The Assistant Divisional Engineer, State Highways Department, Construction and Maintenance, Thuckalay, Kanyakumari District
The Tahsildar, Tiruvattar Taluk, Kanyakumari District
C.V.Karthikeyan
R.Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
