P.Thiagarajan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN P.Thiagarajan ... Petitioner Vs.

1. The District Collector, Madurai District, Madurai -20.

2. The Commissioner, Madurai Corporation, Madurai -20.

3. The Project Director, National High Ways Authority of India, Project Imlementation Unit, Door. No.39, 3rd Cross Street, Kalyanasundaram Nagar, Karumandapam, Trichy

4. The Regional Officer, National Highways of India, NHAI Regional Office 2nd and 3rd Floor, No1, Lake Area, Vijaya Krishna Plaza, Melur Main Road, Madurai 20.

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5. The Divisional Engineer (Planning), Highways Department, Madurai Division, Madurai -2

6. The Chief Engineer, TANGEDCO, (Madurai Zone), Race Course Road, Madurai -07.

7. V.N.Veera Rajkumar

...Respondents

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 and 5 to remove the unauthorized construction of 9 shops made by the 7th respondent in S.No.5/12B, 5/13 Melamadai -2 bit village Madurai North Taluk, Madurai District and unauthorized shed in S.No 16 Vandiyur-1 bit village, Madurai North Taluk, Madurai District based on the sketch by the respondents 1 and 2 based on the representation of the petition on various dates 03.03.2021, 24.08.2021, 15.07.24 and 01.09.2025 and fix a time frame to remove the illegal encroachment made by the 7th respondent.

For Petitioner : M/s.R.Sankari For Respondents : Mr.B.Saravanan, Senior Counsel for Mr.M.P.Senthil, Counsel for State for R1 & R5 Mr.K.K.Kannan, Senior Counsel for R2 Mr.S.Dheenadhayalan for R6 Mr.P.Karthick for R3 & R4 2/6

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed this writ petition seeking a direction to respondents 1 to 3 and 5 to remove the unauthorized construction of 9 shops put up by the 7th respondent in S.No.5/12B, 5/13 Melamadai -2 bit village, Madurai North Taluk, Madurai District and an unauthorized shed in S.No 16 Vandiyur-1 bit village, Madurai North Taluk, Madurai District, based on the representation of the petitioner on various dates 03.03.2021, 24.08.2021, 15.07.24 and 01.09.2025 and fix a time frame to remove the illegal encroachment made by the 7th respondent.

2. The grievance of the petitioner is that the subject property was originally acquired by the Highways Department under the Golden Quadrilateral Scheme for the purpose of laying a four-lane road. However, the 7th respondent has allegedly encroached upon the National Highway land and constructed nine shops thereon. Since no action has been taken by the respondents thus far, the petitioner has filed the present Writ Petition.

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3. The status report filed by the 5th respondent indicates that the encroachments are situated within the lands acquired for National Highway purposes and vested in the National Highways Authority of India. Therefore, appropriate action, if any, for the removal of the encroachments may be taken by the competent authorities of the National Highways Authority of India.

4. The learned counsel appearing for respondents 3 and 4 submitted that the encroachers have been identified and notices have been issued directing them to vacate the premises. However, the encroachers have failed to vacate the same. Consequently, a communication was sent to the Deputy Commissioner of Police, Madurai, seeking police protection for the removal of the encroachments.

5. In view of the above, the third respondent is directed to proceed with further action for the removal of the encroachments from the subject property. The Deputy Commissioner of Police, Madurai, is directed to provide adequate police protection to the third respondent for carrying out the removal of the encroachments. Such encroachments 4/6

shall be removed within a period of three months 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.

[N.S.K., J.] & [M.J.R., J.] 02.06.2026 Index :Yes/No Internet :Yes vsm Note: Registry is directed to mark a copy of this order to the Deputy Commissioner of Police, Madurai.

To

1. The District Collector, Madurai District, Madurai -20.

2. The Commissioner, Madurai Corporation, Madurai -20.

3. The Project Director, National High Ways Authority of India, Project Imlementation Unit, Door. No.39, 3rd Cross Street, Kalyanasundaram Nagar, Karumandapam, Trichy 5/6

N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

vsm

4. The Regional Officer, National Highways of India, NHAI Regional Office 2nd and 3rd Floor, No1, Lake Area, Vijaya Krishna Plaza, Melur Main Road, Madurai 20.

5. The Divisional Engineer (Planning), Highways Department, Madurai Division, Madurai -2

6. The Chief Engineer, TANGEDCO, (Madurai Zone), Race Course Road, Madurai -07.

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