Chinnapillai v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR WP No. 19293 of 2026 and WMP No.20550 of 2026
1. Chinnapillai, W/o. Arjunan, Door No.10, Sitharkoil Ponnagaram, Kosavapatti Post, Edanganasalai Village, Sankari Taluk, Salem District 637 502.
2. Bakiyam, W/o. Ramasamy, Door No.8/1, Ponnagaram, Kosavapatti Post, Edanganasalai Village, Sankari Taluk, Salem District- 637 502.
3. Padma, W/o. Sridharan, Door No.8/118, Reddiyur road, Kosavapatti Post Edanganasalai Village, Sankari Taluk, Salem District- 637 502.
4. Asalammal, W/o.Venugopal Door No.8/2, Sitharkovil, Ponnagaram, Kosavapatti Post, Edanganasalai Village, Sankari Taluk, Salem District -637 502.
5. Sumathi, W/o. Gopal, Door No.8/4, Reddiyur Road, Ponnagaram, Kosavapatti Post, Edanganasalai Village, Sankari Taluk, Salem District -637 502.
6. Venkatachalam, S/o. Ramagounder, Door No.8/6, Reddiyur Road, Ponnagaram, Kosavapatti Post, Edanganasalai Village, Sankari Taluk, Salem District -637 502.
..Petitioner(s) Vs
1. The District collector Salem District.
2. The Divisional Engineer, Highways Department, (C & M), Salem.
3. The Assistant Divisional Engineer, Highways Department, (C & M), Sankari, Salem District.
..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking issuance of writ of mandamus, directing the respondents 2 and 3 to grant six months time to vacate and handover petitioners dwelling house so as to enable them to identify and shift to an alternate dwelling house by considering petitioner representation dated 09.05.2026. For Petitioner(s):
Mr. R.Marudhachalamurthy For Respondent(s):
Mr.L.S.M.Hasan fizal, Government Advocate
ORDER
(Order of the Court was made by L.Victoria Gowri J.) This writ petition has been filed seeking direction to the respondents 2 and 3 to grant six months time to vacate and handover petitioners dwelling house so as to enable them to identify and shift to an alternate dwelling house by considering the petitioners' representation dated 09.05.2026.
2. According to the petitioners, the 3rd respondent issued an eviction notice under the Tamil Nadu Highways Act, 2001 to the petitioners to vacate their dwelling houses and though the petitioners made representations dated 09.05.2006 to the respondents 2 and 3, requesting six (6) months time to vacate their dwelling house, the same have not been considered.
3. The learned counsel appearing for the petitioners would submit that in similar matters in W.P.Nos.17162, 17166 and 17176 of 2026, this court, by order dated 29.04.2006, granted three months time to the petitioners therein to vacate the properties and hand over the same to the Highways Department. Therefore, the learned counsel requests that the prayer of the petitioners may be considered in similar manner.
4. Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader takes notice for the respondents.
5. Considering the facts and circumstances of the case, the petitioners are directed to vacate and hand over their dwelling house to the respondents concerned, 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.
6. With the above directions, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
(L.V.G.,J.) (N.S.,J.) 13-05-2026 (1/2) Index: Yes/No Speaking/Non-speaking order MST Note: Issue order copy on or before 14.05.2026 To
1. The District collector Salem District.
2. The Divisional Engineer, Highways Department, (C & M), Salem.
3. The Assistant Divisional Engineer, Highways Department, (C & M), Sankari, Salem District
L.VICTORIA GOWRI, J.
AND N.SENTHILKUMAR, J.
MST 13-05-2026 (1⁄2)