S.Pichaimuthu Vs The Divisional Engineer (Highways) — Writ and Judicial Review | Madras HC (2026)

S.Pichaimuthu Vs The Divisional Engineer (Highways) — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

All writ petitions disposed of; connected miscellaneous petitions closed; no order as to costs. The representations dated 30.07.2026 are to be treated as fresh submissions, considered within 3 working days (by 31.07.2026, 01.08.2026 and 02.08.2026), orders passed on 03.08.2026, and the respondents permitted to proceed further in accordance with law on and from 04.08.2026.

Issue for consideration

Whether the impugned proceedings issued by the 2nd respondent in Arivippu Kurippaanai No.242/2026/Eva.A/ dated 29.06.2026 under the Tamil Nadu Highways Act, 2001 should be quashed as arbitrary, illegal and without any legal basis. +1 more

Court's answer

Even otherwise, the petitioners claim only movables stacked abutting the highways, and Section 28 of the Tamil Nadu Highways Act provides authority to the respondents to remove any obstruction.

Ratio / Principle

The representations dated 30.07.2026 shall be considered as representations submitted afresh.

Key takeaways

Direct consideration of the said representations within 3 working days, namely by 31.07.2026, 01.08.2026 and 02.08.2026, with orders to be passed on the representations on 03.08.2026.ratio¶¶54
The respondents are permitted to proceed further in accordance with law on and from 04.08.2026.ratio¶¶54
The court observed it could not understand how the petitioners could have made representations dated 30.07.2026 (the day after the hearing date of 29.07.2026) and yet filed the writ petitions on 23.07.2026, about 7 days before the representations.

Detailed headnote1 paragraphs

Madras High Court, Madurai Bench (C.V. Karthikeyan J., author; R. Sakthivel J.), Neutral Citation 2026:MHC:3149, 29-07-2026 - Common order disposing of WP(MD) Nos.21554 to 21561 of 2026. Seven roadside traders (nursery garden, bed sheet and pillow shop, mosambi juice pushcart, fruit shop, clay pot shop, fast food shops) near Jail corner/Shesaiya Road, Pudukkottai, filed Article 226 writ petitions seeking quashing of notices issued by the Assistant Divisional Engineer (Highways), Pudukkottai East, in Arivippu Kurippaanai No.242/2026/Eva.A/ dated 29.06.2026 under Section 28(2)2 of the Tamil Nadu Highways Act, 2001, and direction to permit their sales on consideration of representations dated 30.07.2026. The court noted the petitions were filed on 23.07.2026, before the representations were dated, that the petitioners claimed only movables abutting the highway, and that Section 28 empowers removal of obstruction. It held the representations should be treated as submitted afresh, directed consideration within 3 working days (by 02.08.2026), orders on 03.08.2026, and permitted the respondents to proceed in accordance with law from 04.08.2026. Miscellaneous petitions closed; no costs.

2026:MHC:3149

WP(MD) No. 21554 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 29-07-2026

CORAM

THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN

AND

THE HON'BLE MR.JUSTICE R.SAKTHIVEL

WP(MD) Nos.21554 to 21561 of 2026 and W.M.P(MD) Nos.16027, 16031, 16036, 16033, 16030, 16029, 16041 &16028 of 2026

S.Pichaimuthu …Petitioner in W.P. (MD)No.21554 of 2026 P.Krishnakumar ....Petitioner in W.P. (MD)No.21555/2026 Mariyammal .…Petitioner in W.P. (MD)No.21556 of 2026 Seat Mohamed ....Petitioner in W.P. (MD)No.21557 of 2026 Lakshmi ….Petitioner in W.P. (MD)No.21558 of 2026 Sanjiagandhi ….Petitioner in W.P. (MD)No.21559 of 2026 K.Suresh Kannan ….Petitioner in W.P. (MD)No.21558 of 2026 Vs

The Divisional Engineer (Highways) Construction and Maintenance Office, Pudukkottai, Pudukkottai District.

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..Respondents in all petitions

The Assistant Divisional Engineer, (Highways), Construction and Maintenance Office, Pudukkottai East, Pudukkottai District.

PRAYER IN WP(MD) No. 21554 of 2026:

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 pertaining to the Impugned Proceedings issued by the 2nd respondent in Arivippu Kurippaanai No.242/2026/Eva.A/ dated 29.06.2026 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis and consequently directing the 2nd respondent to permit the petitioner for selling the nursery garden near jail corner near Shesaiya Road, Pudukkottai District by considering the petitioner’s representation dated 30.07.2026.

PRAYER IN WP(MD) No.21556 of 2026:

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 pertaining to the impugned proceedings issued by the 2nd respondent in Arivippu Kurippaanai No.242/2026/Eva.A/ dated 29.06.2026 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis and consequently directing the 2nd respondent to permit the petitioner for selling the bed sheet and pillow shop near to the jail road, Shesaiya Road, Pudukkottai by considering the petitioner’s representation dated 30.07.2026.

PRAYER IN WP(MD) No. 21557 of 2026:

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

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records pertaining to the impugned proceedings issued by the 2nd respondent in Arivippu Kurippaanai No. 242/2026/Eva.A/ dated 29.06.2026 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis and consequently directing the 2nd respondent to permit the petitioner for selling the mosambi juice pushcart Shop near Jail corner near Shesaiya Road, Pudukkottai District by considering the petitioner’s representation dated 30.07.2026.

PRAYER IN WP(MD) No. 21555 of 2026:

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 pertaining to the Impugned Proceedings issued by the 2nd respondent in Arivippu Kurippaanai No. 242/2026/Eva.A/ dated 29.06.2026 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis and consequently directing the 2nd respondent to permit the petitioner for selling the Fruit Shop in pushcart Jail corner near Shesaiya Road, Pudukkottai District by considering the petitioner’s representation dated 30.07.2026.

PRAYER IN WP(MD) No. 21558 of 2026:

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 pertaining to the Impugned Proceedings issued by the 2nd respondent in Arivippu Kurippaanai No. 242/2026/Eva.A/ dated 29.06.2026 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis and consequently directing the 2nd respondent to permit the petitioner for selling the Clay pot shop near to the Jail road, Opposite to Indian Petrol Bunk, Shesaiya Road, Pudukkottai by considering the petitioner’s representation dated 30.07.2026.

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WP(MD) No. 21554 of 2026

PRAYER IN WP(MD) No. 21559 of 2026

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 pertaining to the Impugned Proceedings issued by the 2nd respondent in Arivippu Kurippaanai No. 242/2026/Eva.A/ dated 29.06.2026 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis and consequently directing the 2nd respondent to permit the petitioner for selling the Fast Food Shop near Jail corner near Shesaiya Road, Pudukkottai District by considering the petitioner’s representation dated 30.07.2026.

PRAYER IN WP(MD) No. 21560 of 2026

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 pertaining to the Impugned Proceedings issued by the 2nd respondent in Arivippu Kurippaanai No. 242/2026/Eva.A/ dated 29.06.2026 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis and consequently directing the 2nd respondent to permit the petitioner for selling the Fast Food Shop in Near PLA Corner, Near Collector Officer, Pudukkottai District by considering the petitioner’s representation dated 03.07.2026.

PRAYER IN WP(MD) No. 21561 of 2026

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 pertaining to the Impugned Proceedings issued by the 2nd respondent in Arivippu Kurippaanai No. 242/2026/Eva.A/ dated 29.06.2026 and quash the

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same on the ground that the same is arbitrary, illegal and without any legal basis and consequently directing the 2nd respondent to permit the petitioner for selling the Fast food Shop near Shesaiya Road, Pudukkottai District by considering the petitioner’s representation dated 30.07.2026.

In all petitions: For Petitioner(s): Mr.G.Mathavan For Respondent(s): Mr.S.I.Muthiah Counsel for State

COMMON ORDER

(Order of the Court was made by C.V.Karthikeyan J.)

The writ petitions have been filed claiming that notices issued under Section 28(2)2 of the Tamil Nadu Highways Act, 2001 should be quashed by this Court by way of issuing certiorari.

2.It is contended that the provision of law stipulates that if any representation is given, the same should be considered. The notice is dated 29.06.2026. The representations of the petitioners are dated 30.07.2026. Today, the date is 29.07.2026. We are not able to understand as to how the petitioners could have made representations tomorrow (30.07.2026) and filed the writ petitions on 23.07.2026 about 7 days before the issuance of the representations and claim that the representation should be examined.

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WP(MD) No. 21554 of 2026

3.Even otherwise, it is claimed in the affidavit that the petitioners have

only movables stacked up abutting the highways. Section 28 of the Tamil Nadu Highways Act, provides authority to the respondents to remove any obstruction.

We also hold that the said representations dated 30.07.2026 should be considered as representations submitted afresh and direct consideration of the same within 3 working days, namely by 31.07.2026, 01.08.2026 and 02.08.2026. Orders should be passed on that representations on 03.08.2026. The respondents are permitted to proceed further in accordance with law on and from 04.08.2026.

4.Observing as above, all the writ petitions stand disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no

order as to costs.

(C.V.K.,J.) (R.S.V.,J.) 29-07-2026

Index: Yes Speaking Neutral Citation: Yes

ta

Note : Issue order copy on 30.07.2026

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C.V.KARTHIKEYAN J. AND R.SAKTHIVEL J.

ta

WP(MD) Nos.21554 to 21561 of 2026

29-07-2026

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WP(MD) No. 21554 of 2026

To

The Divisional Engineer (Highways) Construction and Maintenance Office, Pudukkottai, Pudukkottai District.

The Assistant Divisional Engineer, (Highways), Construction and Maintenance Office, Pudukkottai East, Pudukkottai District.

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