A.R.Krishnaa v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P. No.34325 of 2025 in W.P. No.30626 of 2025 A.R.Krishnaa ... Petitioner Vs.
1.The District Collector, Tiruvannamalai District, Tamil Nadu.
2.The Regional Highway Officer, Tiruvannamalai Highway Division, Tamil Nadu.
3.The Assistant Divisional Engineer, Highways Department, Tiruvannamalai Highway Division, Tiruvannamalai - 606 601.
4.The Tahsildar, Cheyyaru Taluk, Tiruvannamalai District, Tamil Nadu.
5.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), Tamil Nadu Electricity Board, Cheyyaru Section, Tiruvannamalai District - 606 601.
Page Nos.1/6
6.Sivagami 7.Arumugam ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 5 to take appropriate and immediate action to inspect and remove all the illegal encroachments and unauthorised construction including the compound wall and permanent structures put up by the respondents 6 and 7 on the highway poramboke land (Survey Nos.943 and 949) adjacent to Survey Nos.935/1-42, 935/2B, 936/1 and 936/2B situated at Melseemamangalam Madura Palanthangal Village, Cheyyaru Taluk, Tiruvannamalai District and further to disconnect the electricity service connection granted illegally to such encroached structure by the fifth respondent and to restore the said land to its original public utility purpose based on the petitioner's representation dated 05.08.2025 within a time frame as fixed by this Court.
For Petitioner :
Mr.A.Jagadeshwara For Respondents :
Mr.T.K.Saravanan, Additional Government Pleader for R1 to R4 Mr.L.Jai Venkatesh, Standing Counsel for R5 Page Nos.2/6
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Subject matter of captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] is alleged encroachment on the 'highway poramboke land (Survey Nos.943 and 949) adjacent to Survey Nos.935/1-42, 935/2B, 936/1 and 936/2B situated at Melseemamangalam Madura Palanthangal Village, Cheyyaru Taluk, Tiruvannamalai District' [hereinafter 'said land' for the sake of convenience and clarity).
2.
Request for removal of aforereferred alleged encroachment by writ petitioner by way of representations, all dated 05.08.2025 to Respondents 1 to 5 have not yielded results and that has necessitated captioned WP, is the submission of learned counsel for writ petitioner. 3.
Issue notice to official respondents.
4.
Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for R1 to R4 and Mr.L.Jai Venkatesah, learned Standing Counsel, accepts notice for R5.
Page Nos.3/6
5. Learned State counsel submits that survey of said land will be done after putting all concerned on notice and in their presence, within a period of eight weeks from today, i.e., on or before 14.10.2025, 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 2002) 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 09.12.2025. This submission is recorded.
5.
Though obvious, we make it clear that all the rights and contentions of the private respondents/R6 and R7 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 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. Consequently, captioned Writ Miscellaneous Page Nos.4/6
Petition (WMP) thereat is disposed of as closed. There shall be no order as to costs.
(M.S.,J.) (H.C.,J.) 19.08.2025 Index : Yes / No mmi To 1.The District Collector, Tiruvannamalai District, Tamil Nadu.
2.The Regional Highway Officer, Tiruvannamalai Highway Division, Tamil Nadu.
3.The Assistant Divisional Engineer, Highways Department, Tiruvannamalai Highway Division, Tiruvannamalai - 606 601.
4.The Tahsildar, Cheyyaru Taluk, Tiruvannamalai District, Tamil Nadu.
5.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), Tamil Nadu Electricity Board, Cheyyaru Section, Tiruvannamalai District - 606 601.
Page Nos.5/6
M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mmi 19.08.2025 Page Nos.6/6