Alamelu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and W.M.P.Nos.18444, 18445 and 18452 of 2026 Alamelu W/o.Shanmugam ... Petitioner in W.P.No.17162/2026 Sakthivel S/o.Natesan ... Petitioner in W.P.No.17166/2026 Loganathan S/o.Pachamuthu ... Petitioner in W.P.No.17176/2026 vs.
1.
The District Collector Salem District Salem - 636 001.
2.
The Divisional Engineer Highways Department (C&M) Salem - 636 004.
3.
The Assistant Divisional Engineer Highways Department (C&M) Sankari, Salem District.
... Respondents Page Nos.1/4
Writ Petitions filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the 2nd and 3rd respondents to grant four months' time to vacate petitioners' dwelling houses in order to identify and shift to an alternate dwelling houses and consequentially, issue a direction directing the 1st respondent to consider petitioners' request for providing an alternate accommodation by considering the petitioners' representations dated 22.04.2026.
For Petitioner in all WPs :
Mr.R.Marudhachalamurthy For Respondents in all WPs :
Mr.T.Arunkumar Additional Government Pleader ***** C O M M O N O R D E R [Made by S.M.SUBRAMANIAM, J.,] The relief sought for in the present writ petitions is to direct the respondents 2 and 3 to grant four months' time to vacate the petitioners' dwelling houses, enabling them to shift to alternate dwelling houses.
2. The learned counsel for the petitioners would submit that, pursuant to the directions issued by this Court, notice was issued under the Tamil Nadu Highways Act, 2001, for eviction of encroachments. The petitioners have given an undertaking in their representations as well as in Page Nos.2/4
the writ affidavits that they will vacate the premises on the highways properties within a period of four months.
3. Considering the fact that the encroachers require some time to seek alternate accommodation and to shift their dwelling houses, this Court is inclined to direct the respondents 2 and 3 to grant three months' time to the petitioners to vacate the highways properties and hand over the same to the Highways Department.
4. Accordingly, the petitioners are directed to vacate and hand over the highways property to the competent authority, within a period of three months from today, failing which, the respondents 2 and 3 are directed to evict the petitioners forthwith without granting any further time and take possession of the Highways properties.
5. With the above directions, the Writ Petitions stand disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.
(S.M.S.,J.) (K.S.,J.) 29.04.2026 Index : Yes Speaking order / Non-speaking order mk Page Nos.3/4
S. M. SUBRAMANIAM, J., and K. SURENDER, J., mk To 1.
The District Collector Salem District Salem - 636 001.
2.
The Divisional Engineer Highways Department (C&M) Salem - 636 004.
3.
The Assistant Divisional Engineer Highways Department (C&M) Sankari, Salem District.
29.04.2026 Page Nos.4/4