P.Rathinasamy v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.03.2026 CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN P.Rathinasamy S/o.Late.Palanisamy No.576, Perundurai Road Behind Ravi Theatre Erode-638 011.
Petitioner(s) Vs
1. The Secretary Public Works Department (Highways, Buildings and Minor Ports) Secretariat, Fort St. George Chennai-600 009.
2. The District collector Erode District Erode 638 011.
3. The Divisional Engineer Erode Division Erode-638 002.
4. The Assistant Divisional Engineer Erode District.
5. Muniyappan Temple Rep. by its Executive Officer / Fit Person Dharapuram Road Kasba Pettai Village Modakurichi Taluk Erode District.
6. N.Kuppusamy S/o. Rasa Muthu Gounder No.303, Anna Nagar, Palimedu Kalapapettai, Erode District.
Respondent(s) Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus to direct respondent No.4 to implement the order dated 10.05.2023 and consequential order dated 11.12.2025 by removing the illegal encroachment made in the name of "Muniyappan Temple" on the land situated on the right side of the state highway namely Erode-Dharapuram Road at Kilometer 10/10, in Survey No.208, Kasba Pettai Village, Modakurichi Taluk, Erode District in accordance with law and within a time frame to be fixed by this Honourable Court and consequently restoring the public highway to its original condition.
For Petitioner(s):
Ms.S.Gayathri For Respondent(s):
Mr.Edwin Prabakar State Government Pleader for Respondents 1 to 4
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) In response to petitioner's allegation of inaction in the matter of removal of encroachment, learned State counsel has placed before this Court written instructions received from the authority to state that acting upon the complaint, survey was conducted, encroachments were found and order for removal has already been issued.
2. Learned State counsel would submit that the encroachments are proposed to be removed with the help and assistance of the police force on 25.03.2026.
3. Placing on record the aforesaid statement, petition is disposed of. There shall be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 05.03.2026 kpl
To
1. The Secretary Public Works Department (Highways, Buildings and Minor Ports) Secretariat, Fort St. George Chennai-600 009.
2. The District collector Erode District Erode 638 011.
3. The Divisional Engineer Erode Division Erode-638 002.
4. The Assistant Divisional Engineer Erode District.
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.
(kpl) 05.03.2026