Ramamoorthy.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA and W.M.P(MD)No.435 of 2022 M.Ramamoorthy ... Petitioner Vs.

1.The District Collector, Thenkasi, Thenkasi District.

2.The Divisional Engineer, Tirunelveli.

3.The Thasildar, Sivagiri Taluk, Thenkasi District.

4.The Assistant Divisional Engineer, Thenkasi, Thenkasi District.

5.The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., 1/5

144, Anna Salai, Chennai - 600 002.

(R5 is suo motu impleaded vide order of this Court dated 12.01.2022) ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned Proceedings No.30/2021/A1 dated on 29.12.2021 on the file of Respondent No.4 and quash the same as illegal. For Petitioner : Mr.Mahaboob Fazil For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R.1 to R.4

ORDER

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

2.The petitioner challenges the impugned order dated 29.12.2021 issued by the fourth respondent. According to the fourth respondent, the petitioner had encroached upon the highway. The petitioner had admittedly given detailed objections. Unfortunately, in the impugned order, the objections have been disposed of in a cryptic manner. On this sole ground, we set aside the impugned order. 2/5

3.The matter is remitted to the file of the fourth respondent. The fourth respondent shall pass an order afresh by duly considering the writ petitioner's objections. We make it clear that we have not gone into the merits of the matter. The contentions of both the parties are left open. 4.This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [R.P, J.] 07.04.2026 1/2 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Thenkasi, Thenkasi District.

2.The Divisional Engineer, Tirunelveli.

3.The Thasildar, Sivagiri Taluk, Thenkasi District.

3/5

4.The Assistant Divisional Engineer, Thenkasi, Thenkasi District.

5.The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai - 600 002.

4/5

G.R.SWAMINATHAN, J.

AND R.POORNIMA , J.

MGA 07.04.2026 1/2 5/5