S.Muthuramalingam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE P.B.BALAJI S.Muthuramalingam ... Petitioner vs.

1.The District Collector, Tanjavur, Tanjavur District.

2.The Chief Engineer, Government of Tamil Nadu, Chennai.

3.The Superintending Engineer, Thanjavur Zone.

4.The Divisional Engineer, Tamil Nadu State Highways Department, Government of Tamil Nadu, Thanjavur.

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5.The Assistant Divisional Engineer, Peravurani.

6.The Thasildar, Peravurani Taluk, Thanjavur District.

7.Sekar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st to 6th respondents herein to remove the illegal shed constructed on the highways land at No.15/0 KM, Kalagam-Aavudayaar Kovil Road, Kolakkudi Village, Thanjavur District.

For Petitioner : Mr.Pradeep Jayaraman For Respondents : Mr.S.P.Maharajan (R1 to R6) 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 respondents 1 to 6 to remove the illegal shed constructed on the 2/6

highways land at No. 15/0 KM, Kalagam-Aavudaiyarkovil Road, Kolakkudi Village, Thanjavur District.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. 3.Mr.S.P.Maharajan, learned Special Government Pleader, accepts notice for the respondents 1 to 6. Considering the limited relief sought for by the petitioner, notice to the seventh respondent is dispensed with.

4.It is the contention of the petitioner that the seventh respondent has illegally constructed a shed in front of the petitioner's patta land on the land belonging to the State Highways Department and is running a tea shop therein. In this regard, the petitioner submitted a representation dated 15.03.2025 before the competent authority. Since the same has not been considered so far, the petitioner has filed the present Writ Petition. 3/6

5.The learned Special Government Pleader appearing for the respondents 1 to 6, on instructions, submitted that the petitioner's representation dated 15.03.2025 would be considered and that the authorities concerned would conduct a survey of the subject land 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 of the subject property, after issuing notice to the petitioner, the seventh 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 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. There shall be no order as to costs.

[N.S.K.,J.] [P.B.B.,J.] 15.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The District Collector, Tanjavur, Tanjavur District.

2.The Chief Engineer, Government of Tamil Nadu, Chennai.

3.The Superintending Engineer, Highways Department, Thanjavur Zone.

4.The Divisional Engineer, Tamil Nadu State Highways Department, Government of Tamil Nadu, Thanjavur.

5.The Assistant Divisional Engineer, Highways Department, Peravurani.

6.The Thasildar, Peravurani Taluk, Thanjavur District.

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N.SATHISH KUMAR , J.

and P.B.BALAJI , J.

ps DATED : 15.04.2026 6/6