✦ High Court of India · 31 Jul 2025

High Court · 2025

Case Details High Court of India · 31 Jul 2025

Court

High Court of India

Decided

31 Jul 2025

Bench

M SUNDAR

Length

1,565 words

Acts & Sections

Constitution of India Tamil Nadu Highways Act 2001 The Tamil Nadu Highways Act 2001

W.P.No.24245 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 31.07.2025CORAMTHE HONOURABLE MR. JUSTICE M.SUNDAR andTHE HONOURABLE MR. JUSTICE T. VINOD KUMARW.P. No.24245 of 2024 & W.M.P.No.26493 of 2024T.M. ThangavelPetitionervs.1.The District CollectorCollectorateErode District2.The Divisional EngineerHighwaysMoolapalayamErode3.The Executive EngineerState Highways (C & M), Sathy RoadGobichettipalayamErode4.The Assistant Divisional EngineerHighways Department (C & M)Sathyamangalam5.N.M. GanesanRespondentsWrit Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 2nd respondent to dispose of the petitioner's representation dated 08.08.2024 and Page No.1/12 https://www.mhc.tn.gov.in/judis W.P.No.24245 of 2024forbearing the respondents from evicting the petitioner's Arulmigu Muthumariamman Temple in respect of property which is situated at S.F.No.7/1 and S.F.No.7/2 Thimmaiyanpudur Village, Erode District within the limits of Ariyappampalayam Municipality, Erode District.For petitionerMr. P. SaravananFor RR 1 to 4 Mr. T.K. SaravananAdditional Government PleaderFor R5Mr. U. GokulakrishnanORDER[made by M.SUNDAR, J.] Captioned main 'writ petition' [hereinafter 'WP' for the sake of brevity] is predicated on a representation dated 08.08.2024 sent by writ petitioner to R2 inter alia making a plea to refrain from evicting 'Arulmigu Muthumariamman Temple situate in S.F.No.7/1 and S.F.No.7/2, Thimmaiyanpudur Village, Erode District within the limits of Ariyappampalayam Municipality, Erode District' [hereinafter 'said lands' for the sake of convenience and clarity]. 2.Prior to the captioned main WP, R5 (N.M. Ganesan) had come to this Court vide W.P.No.13021 of 2024 with a Removal of Encroachment (RoE) prayer qua said lands and this writ petition came Page No.2/12 https://www.mhc.tn.gov.in/judis W.P.No.24245 of 2024to be disposed of by another Hon'ble Division Bench in which one of us (M. SUNDAR, J.) was a member, vide order dated 14.06.2024 reported in NC 2024:MHC:2372 and a scanned reproduction of the same is as follows:'IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 14.06.2024CORAMTHE HONOURABLE MR.JUSTICE M.SUNDARandTHE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADIW.P.No.13021 of 2024N.M.GanesanS/o.Marimuthu.. PetitionerVs.1.The District CollectorO/o. of the District CollectorErode District Collectorate BuildingsPerundurai RoadErode - 638 011.2.The District Revenue OfficerErode District Collectorate BuildingsPerundurai RoadErode - 638 011.3.The ThasildarSathyamangalam TalukSathyamangalam.4.The Executive OfficerAriappampalayamTown Panchayat (Special Grade)AriappampalayamErode - 638 402.5.The Divisional EngineerPage No.3/12 https://www.mhc.tn.gov.in/judis W.P.No.24245 of 2024HighwaysMoolapalayamErode.6.The Assistant Divisional EngineerState Highways (C & M)Near Easwaran KoilSathy RoadSathyamangalamErode - 638 401.7.The Executive EngineerState Highways (C & M)Sathy RoadGobichettipalayamErode.8.The Superintending EngineerTNEB Sathy RoadGobichettipalayamErode.9.The Divisional EngineerTNEB SathyamangalamErode - 638 402.... RespondentsWrit Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider petitioner's representation dated 22.09.2023 and to take appropriate action towards the eviction of any individual(s) who were illegally encroached and building a temple without following any Government norms into the Government lands owned by the respondents 4 to 6 in the land comprised in Survey Nos.7/1 and 7/2, Thimmaianpudur Village, Erode District within the limits of Ariyappampalayam Municipality, demolish the illegal structures put up therein and recover the lands within the time.Page No.4/12 https://www.mhc.tn.gov.in/judis W.P.No.24245 of 2024For Petitioner : Ms.Manne Ramyafor Ms.M.AnupriyaFor Respondents:Mr.C.SelvarajAdditional Government PleaderO R D E R[Order of the Court was made by M.SUNDAR, J.,]Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} has been filed alleging encroachment in 'Government lands being S.Nos.7/1 and 7/2 in Thimmaianpudur Village, Erode District' {hereinafter 'said land' for the sake of brevity}.2. Ms.Manne Ramya, learned counsel representing counsel on record for writ petitioner, adverting to writ affidavit, more particularly, paragraph No.7 thereat submits that said land is Highways Land and that Highways Department is bound to remove the same. It is also a case of writ petitioner that a representation dated 22.09.2023 has been sent and a scanned reproduction of the same as placed before this Court is as follows:Page No.5/12 https://www.mhc.tn.gov.in/judis W.P.No.24245 of 20243. Issue notice to respondents.4. Mr.C.Selvaraj, learned Additional Government Pleader accepts notice for all nine respondents.5. Learned State counsel, adverting to proceedings dated 12.01.2024 bearing reference Na.Ka.5877/2023/A3 made by jurisdictional Tahsildar i.e., Tahsildar, Sathyamangalam, Erode District submits that said Page No.6/12 https://www.mhc.tn.gov.in/judis W.P.No.24245 of 2024land belongs to Highways Department and it is governed by 'The Tamil Nadu Highways Act, 2001' {hereinafter 'said Act' for the sake of brevity}.6. This Court is acutely conscious that alleged encroachers have not been made parties to WP and that they are not before this Court. However, as there would be a directive to Highways Department to act in accordance with said Act, we are of the view that adequate safety valve is put in place as the same is statutorily inbuilt. This is owing to the language in which clause (ii) of sub-section (2) of Section 28 of said Act is couched. To be noted, Section 28(2)(ii) reads as follows:28. Prevention of encroachment.-(1) ...........................(2) ...........................(i) ............................(ii) remove any immovable structure, whether permanent or temporary in nature, encroaching the highway or in the area vested with Government under this Act, after issuing a show cause notice against such removal, returnable within a period of seven days from the date of receipt thereof:Provided that may representation received within the time-limit shall be considered by the authority or officer concerned before passing final orders.'{underlining made by this Court for ease of reference}7. The above means that alleged encroachers have to be issued show cause notice, given an opportunity to show cause, the same should be considered and if any representation is received by authority concerned in the interregnum i.e., within time frame qua show cause notice that also has to be considered by authority before passing final orders.8. Therefore, there is adequate safety valve qua opportunity to alleged encroachers.9. In the light of the narrative thus far and in the light of aforementioned obtaining legal position, without expressing any view or opinion on the merits of the matter, we direct respondents 5 to 7 to act on aforementioned 22.09.2023 representation strictly in accordance with said Act and more particularly, aforementioned provision of said Act which has been adverted to.Page No.7/12 https://www.mhc.tn.gov.in/judis W.P.No.24245 of 202410. Aforementioned exercise shall be completed by R5 to R7 as expeditiously as the business of R5 to R7 would permit but in any event within eight weeks from today i.e., by 09.08.2024.Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs.(M.S.,J.) (K.G.T.,J.) 14.06.2024Index : Yes / NoSpeakingNeutral Citation : YesmkP.S. Though captioned WP is disposed of, Registry is directed to list the captioned WP under the cause list caption 'FOR REPORTING COMPLIANCE' on 16.08.2024.'3.Learned State counsel, adverting to the earlier order, submits that proceedings under 'the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002)' [hereinafter 'TN Highways Act' for the sake of brevity] were kickstarted and the encroachment has since been removed on 04.03.2025. It is also brought to our notice that R5 (private respondent) filed a contempt petition being Cont.Petn.No.3919 of 2024 alleging noncompliance of 14.06.2024 order in W.P.No.13021 of 2024 and this contempt petition came to be disposed of by another Hon'ble Division Bench in which one of us (M. SUNDAR, J.) was a member vide order dated 10.03.2025, a scanned reproduction of which is as follows:Page No.8/12 https://www.mhc.tn.gov.in/judis W.P.No.24245 of 2024'IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 10.03.2025CORAM:THE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADIContempt Petition No.3919 of 2024N.M.GanesanSon of Mr.Marimuthu... Petitionervs.1. Mr.Kangatharan The Divisional Engineer Highways Moolapalayam Erode2. Mr.Soundhar The Assistant Divisional Engineer State Highways (C& M) Near Eeswaran Koil Sathy Road, Sathyamangalam Erode – 638 4013. Mr.Murugesan The Executive Engineer State Highways (C & M) Sathy Road Gobichettipalayam Erode... RespondentsContempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents for Contempt of Court for having not complied with the orders of this Court dated 14.06.2024 made in W.P.No.13021 of 2024.Page No.9/12 https://www.mhc.tn.gov.in/judis W.P.No.24245 of 2024For Petitioner : Mr.U.GokulakrishnanO R D E R[Order of the Court was made by M.SUNDAR, J.,]When the contempt petition was taken up, Mr.U.Gokulakrishnan, learned counsel on record for the contempt petitioner submitted that the contempt petition is not pressed, saying so, learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:2. In the light of the narrative thus far, captioned contempt petition is disposed of as closed/not pressed. There shall be no order as to costs.(M.S.,J.)(K.G.T.,J.) 10.03.2025'4.The narrative thus far makes it clear that the alleged encroachment has since been removed by resorting to Section 28 of the TN Highways Act. However, in this regard, learned counsel for Page No.10/12 https://www.mhc.tn.gov.in/judis W.P.No.24245 of 2024writ petitioner submits that writ petitioner on being visited with a 'show cause notice' (SCN) under Section 28, sent a representation (in response to SCN) but order has not been made by the Administrator vide proviso to Section 28(2)(ii) of the Tamil Nadu Highways (Amendment) Act, 2024 (Act 11 of 2024).5.Considering the limited scope of the captioned main WP and the remit of the matter, we leave open this question and preserve all the rights and contentions of writ petitioner to initiate legal proceedings and seek remedy that may include damages/restoration that may be available to the writ petitioner. It is made clear that if such proceedings are initiated by writ petitioner, all the rights and contentions of State will also stand preserved.6.Captioned main WP stands disposed of recording the obtaining position that alleged encroachment has since been removed. Consequently, captioned writ miscellaneous petition stands closed. There shall be no order as to costs.(M.S., J.) (T.V.K., J.)31.07.2025cadPage No.11/12 https://www.mhc.tn.gov.in/judis W.P.No.24245 of 2024M.SUNDAR, J.andT.VINOD KUMAR, J.cadTo1.The District CollectorCollectorateErode District2.The Divisional EngineerHighwaysMoolapalayamErode3.The Executive EngineerState Highways (C&M), Sathy RoadGobichettipalayamErode4.The Assistant Divisional EngineerHighways Department (C&M)SathyamangalamW.P.No.24245 of 202431.07.2025Page No.12/12

Find similar cases Start drafting free

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments

More cases under Constitution of India