Kamaleshwari v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2025
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Kamaleshwari ... Petitioner /Vs./
1. The District Collector, Collectorate, Pudukkottai.
2. The Divisional Engineer (Highways Department) / Monitoring Committee, Construction and Maintenance Division, Pudukkottai.
3. The Assistant Divisional Engineer (Highway Department), Construction and Maintenance Division, Alangudi, Pudukkottai District.
4. Vellaichamy
5. The Tahsildar, Alangudi, Pudukkottai District.
... Respondents 1/6
(R5 is suo motu impleaded vide order of this Court dated 30.10.2025 in this writ petition.) PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd and 3rd Respondents to remove the encroachment made by the 4th respondent and his allies in K.M.74/6@State Highway 29 by considering petitioner's representation dated 30.10.2024.
For Petitioner : Mr.B.Pravin Kumar For Respondents: Mr.D.Sadiq Raja (R1 to R3 & R5) Additional Government Pleader
ORDER
(Order of the Court was made by DR.ANITA SUMANTH, J.) The petitioner sought a mandamus, directing the Divisional Engineer and the Assistant Divisional Engineer, Highways Department, 2/6
Construction and Maintenance Division, Alangudi, Pudukkottai, arrayed as R2 and R3 respectively, to remove the encroachment caused by R4 in K.M.74/6@State Highway 29.
2. Mr.D.Sadiq Raja, learned Additional Government Pleader appearing for the official respondents has obtained instructions from R2 to the following effect:- "9) It is further submit that, till date the issue of Form-I notice is pending with Thasildar, Alangudi."
3. Hence, we see that the officials are already on the job and the matter appears to be pending at the end of the Tahsildar, Alangudi, Pudukkottai District, who is not a party before us. We suo motu implead the Tahsildar, Alangudi Taluk, Pudukkottai District, as R5, for whom, Mr.D.Sadiq Raja, learned Additional Government Pleader accepts notice.
4. R5 / Tahsildar, Alangudi, Pudukkottai District, is directed to expedite the matter and do the needful within a week from today.
5. Since it is expected that the authorities will adhere to the principles of natural justice, no notice is issued to R4 at this juncture.
6. As the report has been filed by the authorities and this order satisfies the petitioner, mandamus sought by the petitioner stands 3/6
achieved and recording the same, this writ petition stands closed. No costs. Connected miscellaneous petition is closed. [A.S.M.J.,] & [C.K.J.,] 30.10.2025 NCC :Yes/No Index :Yes/No Internet :Yes sm Note: Registry is directed to carry out necessary amendment in the cause title.
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To
1. The District Collector, Collectorate, Pudukkottai.
2. The Divisional Engineer (Highways Department) / Monitoring Committee, Construction and Maintenance Division, Pudukkottai.
3. The Assistant Divisional Engineer (Highway Department), Construction and Maintenance Division, Alangudi, Pudukkottai District.
4. The Tahsildar, Alangudi, Pudukkottai District.
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DR.ANITA SUMANTH, J.
AND C.KUMARAPPAN, J.
sm Order made in Dated:
30.10.2025 6/6