S.Vimal Kumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE M. SUNDAR AND THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR S.Vimal Kumar Petitioner vs.

1.

The District Collector Tiruvannamalai Tiruvannamalai District The Revenue Divisional Officer Tiruvannamalai Tiruvannamalai District The Thasildar Tiruvannamalai Taluk Tiruvannamalai District The Superintending Engineer Highways Department Tiruvannamalai The Divisional Engineer Highways Department Tiruvannamalai 6.

Palani 7.

Elumalai Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 5 to remove the illegal encroachment made by the respondents 6 and 7 in the Highways land comprised in survey no.241/1 situated at Vettavalam Road, Tiruvannamalai Town and District.

For petitioner Mr. R.Rajarajan For RR 1 to 5 Mr. T.K.Saravanan Addl. Govt. Pleader For RR 6 & 7 Notice dispensed with

ORDER

(made by M. SUNDAR, J.) Subject matter of captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] is alleged encroachment in 'the Highways land comprised in survey no.241/1 situated at Vettavalam Road, Tiruvannamalai Town and District' [hereinafter 'said land' for the sake of convenience and clarity] by private respondents (respondents 6 and 7).

Request for removal of aforereferred alleged encroachment by writ petitioner by way of several representations to official respondents has not yielded results and that has necessitated captioned WP, is the submission of Mr. R. Rajarajan, learned counsel on record for writ petitioner.

Issue notice to official respondents (respondents 1 to 5). Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for respondents 1 to 5. Learned State counsel submits that notice has already been issued fixing the date for survey of said land as 22.08.2025 and that survey will be done on 22.08.2025, after putting all concerned on notice and in their presence and depending on the outcome of the survey, action for removal of encroachment (if found) will be commenced vide the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2022) as expeditiously as the business of official respondents would permit but in any event within a period of six weeks therefrom, i.e., on or before 03.10.2025. This submission is recorded.

Though obvious, we make it clear that all the rights and contentions of the private respondents (respondents 6 and 7) stand preserved and this order does not touch or impinge upon or impact their rights. Therefore, there is no impediment in dispensing with notice to private respondents (respondents 6 and 7) and taking up the captioned WP with the consent of the learned State counsel and learned counsel for writ petitioner. We do so.

6.

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. There shall be no order as to costs. (M.S., J.) (H.C., J.) 18.08.2025 cad Index : Yes/No NC : Yes/No

To 1.

The District Collector Tiruvannamalai Tiruvannamalai District The Revenue Divisional Officer Tiruvannamalai Tiruvannamalai District The Thasildar Tiruvannamalai Taluk Tiruvannamalai District The Superintending Engineer Highways Department Tiruvannamalai The Divisional Engineer Highways Department Tiruvannamalai

M. SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

cad W.P.No.30801 of 2025 18.08.2025