N.Murugan v. The District Collector

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 19.01.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.1180 of 2026 and W.M.P.(MD)No.917 of 2026 N.Murugan ... Petitioner Vs

1. The District Collector, Nagercoil, Kanyakumari District.

2. The District Revenue Officer, O/o.The District Revenue Officer, Kanyakumari District.

3. The Special Tahsildar, Land Acquisition (National Highways), Nagercoil, Kanyakumari District.

4. The Regional Officer, National Highways Authority of India, 2nd and 3rd Floor, Vijay Krishna Plaza, No.1, Lake Area, Melur Main Road, Mattuthavani, Madurai - 625 107.

5. The Project Director, National Highways Authority of India, No.395/3-1, M.S.Road, Majestic Colony, Parvathipuram, Nagercoil - 629 003, Kanyakumari District.

... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the Respondent Nos.1 to 5 to construct embankment in the northern side of the National Highway abutting the petitioner's land and consequently forbear the Respondent Nos.1 to 5 from forming any pathway/road in the area earmarked for the purpose of side embankment within the time frame stipulated by this Court.

For Petitioner : Mr.T.Lajapaty Roy, Senior Counsel for M/s.Roy and Roy Associates For Respondents : Mr.S.Shanmugavel, Addl. Govt. Pleader for R1 to R3 Mr.B.Naveen Kumar, for Mr.Su.Srinivasan for R4 & R5

O R D E R

This Writ Petition is filed seeking a Mandamus as against the respondent Nos.1 to 5 to construct embankment in the northern side of the National Highway abutting the petitioner's land and consequently forbear the Respondent Nos.1 to 5 from forming any pathway/road in the area earmarked for the purpose of side embankment within the time frame stipulated by this Court.

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2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. When the matter is taken up for hearing, the learned Senior Counsel appearing for the petitioner would submit that he would be satisfied, if this Court directs the respondents 1 to 5 to construct embankment in the northern side of the National Highway abutting the petitioner's land. In this regard, the petitioner has also given a representation to the respondents on 06.01.2026. However, the same was not considered till date. He further submits that he is not pressed the consequential relief viz., to forbear the respondent Nos.1 to 5 from forming any pathway/road in the area earmarked for the purpose of side embankment.

4. The learned counsel appearing for the respondents 4 and 5 would submit that the request of the petitioner would be considered within the time fixed by this Court.

5. Considering the submissions made by both sides, this Court directs the 4th respondent to consider and pass orders on the 3/6

representation of the petitioner dated 06.01.2026 to the extent of construction of embankment in the northern side of the National Highway abutting the petitioner's land, on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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To

1. The District Collector, Nagercoil, Kanyakumari District.

2. The District Revenue Officer, O/o.The District Revenue Officer, Kanyakumari District.

3. The Special Tahsildar, Land Acquisition (National Highways), Nagercoil, Kanyakumari District.

4. The Regional Officer, National Highways Authority of India, 2nd and 3rd Floor, Vijay Krishna Plaza, No.1, Lake Area, Melur Main Road, Mattuthavani, Madurai - 625 107.

5. The Project Director, National Highways Authority of India, No.395/3-1, M.S.Road, Majestic Colony, Parvathipuram, Nagercoil - 629 003, Kanyakumari District.

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KRISHNAN RAMASAMY, J.

vsm W.P.(MD)No.1180 of 2026 19.01.2026 6/6