Sangeetha v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P(MD)No.24496 of 2024 Sangeetha ... Petitioner -Vs1.The District Collector, Dindigul District.
2.The Tahsildar, Gujiliamparai Taluk, Dindigul District.
3.The Divisional Engineer, Highways ( C & M) Palayan, Dindigul District.
4.The Assistant Divisional Engineer, Highways ( C & H), Vedasanthur, Dindigul District.
... Respondents 1/6
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned order dated 26.11.2024 vide Fwpg;ghiz vz;.01/Mf;fpukpg;G/2024/2 passed by the fourth respondent and quash the same as illegal.
For Petitioner : Mr.K.C.Ramalingam For Respondents : Mr.M.Sarangan Additional Government Pleader
ORDER
(Order of the Court was made by G.ARUL MURUGAN, J.) Heard the learned counsel appearing for the petitioner and Mr.M.Sarangan, learned Additional Government Pleader appearing for the respondents.
2. The writ petition is filed challenging the order dated 26.11.2024 passed by the fourth respondent under Section 28(2)(II) of the Tamil Nadu Highways Act, 2001.
3. The property in Survey No.168, which admittedly belongs to the Highways Department, is found with certain encroachments. Proceedings were initiated to remove the encroachments and notices came to be issued calling upon the encroachers to evict the subject property. We see no irregularity in the impugned order issued for evicting encroachment. 2/6
4. It is brought to the notice of this Court by the learned Additional Government Pleader that pursuant to the enforcement action initiated, the encroachers had resorted to self immolation, thereby prevented the authorities from completing the enforcement action. In this regard, FIR also came to be registered in Cr.No.223 of 2024, dated 16.07.2024.
5. The learned Additional Government Pleader further submitted that they will take further action with the aid of the police and they will compete the enforcement action, within the time to be stipulated by this Court.
6. In view of the submissions made and finding that there is an encroachment in Highways property, the respondents are directed to complete the enforcement action and remove the encroachment in the Highways property, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that if any request is made by the official respondents seeking police aid to the jurisdictional police, the police authorities shall extend necessary protection to the revenue authorities to complete the enforcement action, for removing the encroachments.
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7. With the above observations, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) & (G.A.M., J.) 26.08.2025 NCC : Yes / No Index : Yes / No am 4/6
To 1.The District Collector, Dindigul District.
2.The Tahsildar, Gujiliamparai Taluk, Dindigul District.
3.The Divisional Engineer, Highways ( C & M) Palayan, Dindigul District.
4.The Assistant Divisional Engineer, Highways ( C & H), Vedasanthur, Dindigul District.
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S.M.SUBRAMANIAM, J.
AND G.ARUL MURUGAN, J.
am 26.08.2025 6/6