K.Rajkumar v. The Project Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN K.Rajkumar ... Petitioner vs.

1.The Project Director, National Highways Authority of India, No.A/1574, Kattorani East Street, Ramanathapuram District Tamil Nadu - 623 503.

2.The District Collector, The District Collectors Office, Sivagangai, Sivagangai District.

3.The Thasildar, Thasildars' Office, Manamadurai, Sivagangai District.

4.Rathinam ... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1, 2 and 3 to consider petitioner representation dated 13.01.2026 take appropriate action to remove the encroachment of 4th respondent (one Mr.Rathinam, S/o.Thangavel) and some others who are occupying illegally in the service road of Kepparpattinam, Manamadurai Taluk, Sivagangai District. For Petitioner : Mr.S.Samuel James Devasagayam For Respondents : Mr.D.Rajagopal (R1) for NAHAI : Mr.S.P.Maharajan (R2 & R3) Special 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 3 to consider the petitioner's representation dated 13.01.2026 and to take appropriate action to remove the encroachment made by the fourth respondent and some others who are illegally occupying the service road at Kepparpattinam, Manamadurai Taluk, Sivagangai District.

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2.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. 3.Mr.D.Rajagopal, learned counsel accepts notice for the first respondent and Mr.S.P.Maharajan, learned Special Government Pleader, accepts notice for the respondents 2 and 3. Considering the limited relief sought for by the petitioner, notice to the fourth respondent is dispensed with.

4.It is the contention of the petitioner that the fourth respondent has encroached upon the Highways road by erecting an asbestos sheet roof and occupying a small portion of the land. In this regard, the petitioner submitted a representation dated 13.01.2026 before the authority concerned. Since the same has not been considered so far, the petitioner has filed the present Writ Petition.

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5.The learned counsel appearing for the respondents 1 to 3, on instructions, submitted that the petitioner's representation dated 13.01.2026 would be considered and that the authorities concerned would conduct a survey of the land in question in the presence of all the parties concerned. He further submitted that appropriate action would be taken to remove the encroachment, if any.

6.In such view of the matter, the authorities concerned are directed to conduct a survey in the place in question, after issuing notice to the petitioner, the fourth respondent and all other parties concerned, if any, within a period of two weeks from the date of receipt of a copy of this order. If the survey reveals any encroachment, the authorities concerned shall take necessary action for the removal of such encroachment, after affording sufficient opportunity of personal hearing to all the parties concerned and by following due process of law, within a period of three months thereafter. 4/6

7.With the above directions, this Writ Petition is disposed of. No costs.

[N.S.K.,J.] [M.J.R.,J.] 17.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The Project Director, National Highways Authority of India, No.A/1574, Kattorani East Street, Ramanathapuram District Tamil Nadu - 623 503.

2.The District Collector, The District Collectors Office, Sivagangai, Sivagangai District.

3.The Thasildar, Thasildars' Office, Manamadurai, Sivagangai District.

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N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

ps ORDER MADE IN DATED : 17.03.2026 6/6