M.Velmani v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and WMP (MD) Nos.24956 and 24958 of 2025 M.Velmani ... Petitioner Vs.

1. The Secretary to Government, Highways Department, Fort. St. George, Chennai.

2. The Divisional Engineer, Tamil Nadu Road Infrastructure Development Corporation (TNRIDC), 5th Floor, LLA Building, No. 735, Anna Salai, Chennai-02.

3. The District Collector, Madurai District, Madurai.

4. The Land Acquisition Officer, /Special District Revenue Officer, Highways Department, Madurai.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records of the proceedings of the 2nd respondent in Letter No. 1/6

Tha.na.sa.oo.mae.ka/Madurai Ring Road/Petition/Ma.Sa/2024 dated 16.10.2025, quash the same as illegal, arbitrary, and without jurisdiction, and consequently direct the respondents not to in any manner interfere with the petitioners peaceful possession and enjoyment of her property in S.No. 77/C, Valayankulam Village, Thiruparankundram Taluk, Madurai District.

For Petitioner : Mr.S.Srinivasaraghavan for Mr.C.Prithviraj For Respondents :Mr.P.Thambidurai Government Advocate

O R D E R

The petitioner had earlier filed W.P.(MD) No.27408 of 2025 seeking consideration of the representation issued to the second respondent therein. The said writ petition was disposed of by an order dated 07.10.2025 directing the second respondent to consider and dispose of the representation. The order impugned herein was issued pursuant thereto.

2. Learned counsel for the petitioner submits that the impugned order has not been issued in compliance with Rule 5 of the Tamil Nadu Highways Rules, 2003. In particular, he states that the District Collector should consider the petitioner's objections in accordance with the 2/6

procedure prescribed in the above mentioned Rules. On the ground that such procedure has not been complied with, he makes a request that the matter be reconsidered.

3. After the matter was heard on 17.11.2025, it was listed for clarification as to whether an order was issued under Section 15(3) of the Tamil Nadu Highways Act, 2001.

4. Learned Government Advocate submits that the notice under Section 15(2) was issued on 11.11.2024. He also submits that an order was issued on 17.04.2025 under Section 15(3). He has handed over a copy of such order and also provided a copy thereof to learned counsel for the petitioner.

5. Learned counsel for the petitioner submits that this order was not communicated to the petitioner or the other parties earlier. In fact, he points out that this order is not referred to in order dated 07.10.2025.

6. The petitioner had earlier filed W.P.(MD) No.27408 of 2025 on the basis that an inquiry had not been conducted as per Rule 5. The present writ petition was also filed on such basis. In these circumstances, 3/6

the time taken by the petitioner in prosecuting these writ petitions should be excluded while computing any applicable limitation period in relation to a challenge to order dated 17.04.2025.

7. Subject to the above observations, this writ petition is disposed of by leaving it open to the petitioner to challenge order dated 17.04.2025 in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed.

24.11.2025 NCC : No Internet : Yes Index : No PKN 4/6

To

1. The Secretary to Government, Highways Department, Fort. St. George, Chennai.

2. The Divisional Engineer, Tamil Nadu Road Infrastructure Development Corporation (TNRIDC), 5th Floor, LLA Building, No. 735, Anna Salai, Chennai-02.

3. The District Collector, Madurai District, Madurai.

4. The Land Acquisition Officer, /Special District Revenue Officer, Highways Department, Madurai.

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SENTHILKUMAR RAMAMOORTHY, J.

PKN 24.11.2025 6/6