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Madras High CourtWP/19050/2025allowed

Suresh v. The Assistant Divisional Engineer Highways

2025-05-22Honourable Mr Justice G. R. Swaminathan,Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-05-2025

CORAM

THE HONOURABLE MR JUSTICE G. R. SWAMINATHAN AND THE HONOURABLE MR JUSTICE V. LAKSHMINARAYANAN AND WMP NO. 21347 , 21343 and 21349 OF 2025

1. M.SURESH S/o. Mani Door No. 37, Pallavaram Main Road, Aanadarkuppam Kundrathur, Kanchipuram District Tamilnadu 600 069.

Petitioner(s) Vs

1. The Assistant Divisional Engineer Highways Construction And Maintenance Tambaram Sub Division, Tambaram Chennai 600 042 2.The Assistant Engineer (Highways) Construction And Maintenance Tambaram Division, Tambaram Chennai 3.The Tahsildar

Kundrathur Taluk, Kancheepuram District Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of Writ of Certiorarified Mandamus to call for the records relating to the impugned orders (i.e order nos. 152 and 153 Encroachment /2025/Enivu) dated 17.05.2025 respectively issued by the 1st respondent and quash the same and consequently direct the 1st respondent to consider the petitioners representation dated 15.05.2025 and till then not to disturb the petitioners rightful possession and dispossession them from the land situated at grama Natham Survey No. 64/1B admeasuring 720 sq ft situated in Kundrathur Village Sriperambadur Taluk, Kanchipuram District and pass orders. For Petitioner(s):

Mr.V. Vedachalam For Respondent(s):

Ms.R.Anitha, Additional Government Pleader

ORDER

(Order of the Court was made by G. R. Swaminathan J) Heard both sides.

2.

The order impugned in this writ petition is set aside on the sole ground of violation of principles of natural justice. The respondents are at liberty to issue notice to the petitioner and take action as per law.

3.

This Writ petition is allowed accordingly. No costs. Consequently, the connected miscellaneous petitions are closed. (G. R. S., J.) (V. L.N.,J.) 22-05-2025 rka/rsi Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Assistant Divisional Engineer Highways Construction And Maintenance Tambaram Sub Division, Tambaram Chennai 600 042 2.The Assistant Engineer Highways Construction And Maintenance Tambaram Division, Tambaram Chennai 3.Tahsildar Kun Drathur Taluk, Kancheepuram District

G.R.SWAMINATHAN J.

AND V.LAKSHMINARAYANAN J.

rka/rsi WMP NO. 21347 and 21349 OF 2025 22-05-2025