R. Chezhian v. A.Jayaraman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-02-2026

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN WMP No. 52123 of 2025 in W.P.No.14680 of 2025 R.Chezhian Petitioner Vs

1. A.Jayaraman 2.The Assistant Divisional Engineer Highways Department, O/o The Regional Engineer, Thukkapettai Chengam 606 709 Tiruvannamalai District.

3.The District Collector, O/o The District Collector, Vengikkal, Tiruvannamalai.

4.The Tahsildar O/o The Tahsildar, Chengam 606 701, Tiruvannamalai District.

5.The Block Development Officer O/o The Block Development Officer Thukkapettai, Chengam Tiruvannamalai District Respondents PRAYER This Writ Miscellaneous Petition is filed to modify the injunction granted by order dated 02.09.2025 in WMP.No.16605 of 2025 in WP.No. 14680 of 2025 and permit the petitioner to proceed with construction, pending disposal of the above writ petition.

For Petitioner:

Mrs.A.L.Gandhimathi, Senior Counsel for Mr.L.Palani Muthu For Respondents:

Mr.P.Balamurugan for R1 Mr.M.Shajahan, Special Government Pleader for R2 to R5

ORDER

This writ miscellaneous petition is filed to modify the injunction granted by this Court on 02.09.2025 in WMP.No.16605 of 2025 in WP.No. 14680 of 2025 and permit the petitioner to proceed with construction, pending disposal of the above writ petition.

2. A perusal of the papers shows that the Survey No.141 to an extent of 1.56.5 hectare is a government Salai Poramboke Road vest in a Panchayat for the purpose of maintenance. No person including a Public Authority can encroach upon the road and start construction activities. The issue that has to be gone into the writ petition is whether the panchayat viz., the 5th respondent is entitled to construct a commercial property on a public road. If the interim order which has been made absolute is modified, it will amount to granting licence to the panchayat to encroach upon a Public road and put up a construction. Hence, the modification petition stands dismissed. 02-02-2026 vum

To 1.The Assistant Divisional Engineer Highways Department, O/s The Regional Engineer, Thukkapettai Chengam 606709 Tiruvannamalai District 2.The District Collector O/o The District Collector, Vengikkal, Tiruvannamalai 606604 3.The Tahsildar O/s The Tahsildar, Chengam 606701, Tiruvannamalai District 4.The Block Development Officer O/o The Block Development Officer Thukkapettai, Chengam Tiruvannamalai District

V.LAKSHMINARAYANAN J.

vum WMP No. 52123 of 2025 in W.P.No.14680 of 2025 02-02-2026