Venkatesan v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.14440 of 2025 Venkatesan ... Petitioner Vs.

1.The District Collector / Monitoring Committee, Pudukkottai, Pudukkottai District.

2.The Divisional Engineer, Highways, Pudukkottai, Pudukkottai District.

3.The Assistant Divisional Engineer, Highways, Construction and Maintenance Office, Pudukkottai, Pudukkottai District.

4.The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

5.The Commissioner, Pudukkottai Municipality, Pudukkottai, Pudukkottai District.

1/5

6.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District.

7.Pandiyan 8.Vadivukarasi

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachments made by the respondents 7 and 8 in S.No.13/4 situated in Manippallam Road, Pudukkottai Town, which is classified as salai (road). For Petitioner : Mr.R.Maheswaran For R1 to R4 : Mr.M.Sarangan, Additional Government Pleader For R6 : Mr.T.Senthil Kumar, Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ on hand has been instituted seeking for a direction to the respondents 1 to 6 to remove the encroachments made by the respondents 7 and 8 in S.No.13/4 situated in Manippallam Road, Pudukkottai Town, which is classified as Salai (road).

2/5

2.The learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that enforcement actions have already been initiated and notice under Section 28 of the Tamil Nadu Highways Act was issued to the encroachers of highways property. By following the procedures, encroachment will be removed by the competent authorities within a period of eight (8) weeks from the date of receipt of a copy of this order. 3.In view of the said submission, the official respondents are directed to complete the enforcement action within a period of eight weeks from the date of receipt of a copy of this order by following the procedures as contemplated under the Act and Rules.

4.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) & (A.D.M.C., J.) 11.07.2025 NCC : Yes / No Index : Yes / No Yuva 3/5

To 1.The District Collector / Monitoring Committee, Pudukkottai, Pudukkottai District.

2.The Divisional Engineer, Highways, Pudukkottai, Pudukkottai District.

3.The Assistant Divisional Engineer, Highways, Construction and Maintenance Office, Pudukkottai, Pudukkottai District.

4.The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

5.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District.

4/5

S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

Yuva 11.07.2025 5/5