M.Subramani v. The Assistant Divisional Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & W.M.P.Nos.12297 of 2020 & 25078 of 2021 M.Subramani Raju ..

Petitioner Vs.

1. The Assistant Divisional Engineer (Highways), C&M Office Pallipattu Sub Division Pallipattu, Tiruvallur District.

2. J.Kothandaraman ..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari calling for the entire records relating to the impugned order passed by 1st respondent in his proceedings No.13/2019/P1 dated 13.07.2020 and quash the same.

For Petitioner :

Mr.C.Prakasam For Respondents :

Mr.A.Edwin Prabakar State Government Pleader for Respondent-1

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) A seriously disputed question of fact with regard to encroachment is being raised by petitioner.

2. Reply of first respondent is to the effect that petitioner, while raising construction, has not only made illegal construction, but has encroached upon the width of the road. This is based on spot inspection and survey conducted.

3. The dispute which is being raised by petitioner is purely of facts, which cannot be gone into.

4. Petition is dismissed. Interim order stands vacated. This

order shall not come in the way of petitioner taking any other remedy, including filing of suit. There shall be no order as to costs. Consequently, the interim applications are also dismissed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 19.09.2025 Index :

Yes/No Yes/No kpl To The Assistant Divisional Engineer (Highways), C&M Office Pallipattu Sub Division Pallipattu, Tiruvallur District.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(kpl) 19.09.2025