Lakshmi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR Lakshmi ...
Petitioner vs.
1. The District Collector Chengalpattu Chengalpattu District - 603 001
2. Revenue Divisional Officer Chengalpattu District - 603 306
3. The Project Manager NHAI-PHU Chengalpattu No.41/8,2/285 Second Floor Velachery-Tambaram Main Road Santhosapuram, Medavakkam Chengalpattu District - 600 073
4. The Superintendent of Police Chengalpattu Chengalpattu District - 603 001
5. The Inspector of Police Mathuranthagam Police Station Page Nos.1/7
Mathuranthagam -603 306
6. The Village Administrative Officer Kallapiranpuram Village Mathuranthagam
7. Sindu Muruga Construction Pvt. Ltd., No.12, Ram Villas Nagar, NGO 'B' Colony Tirunelveli rep. By its Manager
8. Prasanthh ...
Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing Respondents 1 to 6 to remove the illegal encroachment made by Mr.Prasanth on the National Highway 45 which is a public road located at G.S.T. Road, S.N.J Company Opposite, Kallapiranpuram, Mathuranthagam Taluk (Chengalpattu Highway), Chengalpattu District by considering the petitioner representation dated 15.02.2024 within stipulated time frame.
For petitioner :
Mr. K.Shivakumar For Respondents :
Mr. K.Suresh Government Advocate for R1 & R2 & R6 Mr.Ashok Kumar for Mr.Su.Srinivasan Standing counsel for R3 (NHAI) Mr.S.Santhosh Page Nos.2/7
Government Advocate (Crl.side) for R4 and R5
ORDER
[Order of the Court was made by M.SUNDAR, J.] Captioned 'Writ Petition' ['WP' for the sake of brevity] has been filed with a 'Removal of Encroachment' ['RoE'] prayer qua alleged encroachment in 'National Highway 45 which is a public road located at G.S.T. Road, S.N.J Company Opposite, Kallapiranpuram, Mathuranthagam Taluk (Chengalpattu Highway), Chengalpattu District' [hereinafter 'said land' for the sake of convenience].
2. Mr.K.Shivakumar, learned counsel for writ petitioner, Mr.K.Suresh, learned Government Advocate for R1, R2 and R6, Mr.Ashok Kumar, learned counsel representing Mr.Su. Srinivasan, learned Standing counsel for NHAI for R3 and Mr.S.Santhosh, learned Government Advocate (Crl.side) for R4 and R5 are before this Court. R7 and R8 have been duly served, names and addresses of R7 and R8 as in the cause title are shown in the cause list but none appears either in the physical Court or on the 'VC' ['Videoconferencing'] platform (to be noted, this is a hybrid Page Nos.3/7
hearing, which is a regular/routine/daily feature in this Court). We are informed by the Registry that R7 and R8 have not chosen to enter appearance through any counsel in spite of being duly served.
3. Learned State counsel submits that survey is in the anvil and if encroachment is noticed in the survey, National Highways Authority will have to initiate action but learned counsel for NHAI submits that State will have to initiate action. We express no opinion on this and leave it open to Competent Authority to commence proceedings.
4. We make it clear that while carrying out the aforesaid exercise, R7 and R8 (private respondents) and / or any other encroacher/s will be put on notice/show caused, given an opportunity and action will be subject to and depending on cause shown / response of noticee/s. Therefore, captioned WP is taken up with the consent of learned counsel for writ petitioner and learned State counsel. Though obvious, it is made clear that this order does not touch upon the rights of R7 and R8 and / or any other noticee/s when they are proceeded against under appropriate/applicable statute. This means that all the rights and contentions of R7 and R8 and/or any other noticee/s remain preserved for responding suitably when show caused / Page Nos.4/7
visited with notices. Though obvious, for the sake of specificity, it is clarified that this Court, in instant order, has not expressed any view or opinion one way or the other regarding alleged encroachment qua said land. 5.
In the light of the narrative thus far, captioned WP is disposed of in the aforesaid manner, recording the stated position of learned State counsel that survey will be done within a period of eight weeks from today, i.e., on or before 02.09.2025 and action, if any, under appropriate/applicable statute, will be commenced as expeditiously as the business of official respondents would permit but in any event within a period of eight weeks therefrom i.e., on or before 28.10.2025. There shall be no order as to costs. [M.S., J.] [H.C., J.] 08.07.2025 (2/2) Index : Yes / No Speaking order / Non-speaking order gpa Page Nos.5/7
To
1. The District Collector Chengalpattu Chengalpattu District - 603 001
2. Revenue Divisional Officer Chengalpattu District - 603 306
3. The Project Manager NHAI-PHU Chengalpattu No.41/8,2/285 Second Floor Velachery-Tambaram Main Road Santhosapuram, Medavakkam Chengalpattu District - 600 073
4. The Superintendent of Police Chengalpattu Chengalpattu District - 603 001
5. The Inspector of Police Mathuranthagam Police Station Mathuranthagam -603 306
6. The Village Administrative Officer Kallapiranpuram Village Mathuranthagam Page Nos.6/7
M.SUNDAR, J.
and HEMANT CHANDANGOUDAR, J.
gpa 08.07.2025 Page Nos.7/7