Vinoth Kumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Vinoth Kumar ... Petitioner vs.

1.The District Collector, 2.The Divisional Engineer, Department of Highways (Construction and Maintenance), 317/2, Circuit House Road, TVS Tollgate, Kallukuzhi, 3.The Assistant Engineer, Department of Highways (Construction and Maintenance), Divisional Engineer Office, Manapparai Division, 4.The Revenue Divisional Officer, Srirangam Taluk, Trichy District.

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5.The Tahsildar, Marungapuri Taluk, 6.Karuppaiah ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by 6th respondent in S.No.401 of Palakurichi Village, Marungapuri Taluk and Trichy District. For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.A.Kannan (R1 to R5) Additional Government Pleader

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed the present Writ Petition seeking a direction to the respondents 1 to 5 to remove the encroachment made by the sixth respondent in S.No.401 of Palakurichi Village, Marungapuri Taluk, 2/6

2.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. 3.Mr.A.Kannan, learned Additional Government Pleader, accepts notice for respondents 1 to 5. Considering the limited relief sought for by the petitioner, notice to the sixth respondent is dispensed with. 4.It is the contention of the petitioner that the sixth respondent has encroached upon the Highways property and put up construction. In this regard, the petitioner submitted a representation dated 20.03.2026 before the authority concerned. Since the same has not been considered so far, the petitioner has filed the present Writ Petition. 5.The learned Additional Government Pleader appearing for respondents 1 to 5, on instructions, submitted that the fifth respondent/Tahsildar will issue Form-I to the Highways Department to remove the encroachment.

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6.Considering the above facts and circumstances, the authority concerned is directed to consider the representation of the petitioner dated 20.03.2026 and pass appropriate orders on merits and in accordance with law. If there is any encroachment, as alleged by the petitioner, the same shall be removed by the authority concerned after affording sufficient opportunity to all the parties concerned, including the sixth respondent, and by following due process of law. Such an exercise shall be completed within a period of two months from the date of receipt of a copy of this order. 7.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.] 06.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, 2.The Divisional Engineer, Department of Highways (Construction and Maintenance), 317/2, Circuit House Road, TVS Tollgate, Kallukuzhi, 3.The Assistant Engineer, Department of Highways (Construction and Maintenance), Divisional Engineer Office, Manapparai Division, 4.The Revenue Divisional Officer, Srirangam Taluk, Trichy District.

5.The Tahsildar, Marungapuri Taluk, 5/6

N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

ps ORDER MADE IN DATED : 06.03.2026 6/6