High Court · 2025

WP No. 35623 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 22-10-2025CORAMTHE HON'BLE MR JUSTICE R. SURESH KUMARANDTHE HON'BLE MR.JUSTICE S. SOUNTHARWP No. 35623 of 2025 ANDWMP NO. 39867 OF 20251.Revathi SasiD/o.Dhanaraj, No.134, Vanjinathan Street, Annai Indira Nagar, Velachery, Chennai-600 042.2.D.MuraliS/o.Dhanaraj, Rep. By His Power Agent Revathi Sasi, No.134, Vanjinathan Street, Annai Indira Nagar, Velachery, Chennai-600 042...PetitionersVs1.The District CollectorOffice Of The District Collector, Chengalpattu District.2.The District Revenue OfficerOffice Of The District Revenue Officer, Chengalpattu District.3.The Revenue Divisional OfficerOffice Of The Revenue Divisional Officer, Chengalpattu District.4.The TahsildarThiruporur Taluk, Chengalpattu District.5.The Divisional EngineerHighways Department, Operation And __________Page 1 of 8 https://www.mhc.tn.gov.in/judis WP No. 35623 of 2025Maintenance, Alagesan Nagar, Varadharaja Nagr, Ammanambakkam, Chengalpattu-603 001.6.The PresidentPadur Panchayat Thiruporur Panchayat Union, Thiruporur, Chengalpattu District.7.R.BalajiProprietor Of King Poultry, 1/268, Omr Road, Padur, Chennai-603 103...Respondent(s)Prayer : Writ Petition under Article 226 of the Constitution of India for a Writ of Mandamus directing the official respondents to act upon the 4th respondents report by his proceedings comprised in Na.Ka. No.515/ 2025/A2 dated 02.05.2025 and ensure immediate removal of unauthorized and illegally run poultry shop in the busy public road by 7th respondent herein based on the petitioners representation dated 09.10.2024, within a time frame to be stipulated by this Honourable court.For Petitioner :Ms.R.Divyapreathikafor Mr.R.Bharath KumarFor Respondent(s):Ms.M.JayanthyAdditional Government Pleader - for RR 1 to 4Mr.A.Selvendran, Special Government Pleader For R5Notice dispensed with - R6 and R7__________Page 2 of 8 https://www.mhc.tn.gov.in/judis WP No. 35623 of 2025Order(Order of the Court was made by R.Suresh Kumar J.)The prayer sought for herein is for a Writ of Mandamus directing the official respondents to act upon the 4th respondent's report by his proceedings comprised in Na.Ka. No.515/ 2025/A2 dated 02.05.2025 and ensure immediate removal of unauthorized and illegally run poultry shop in the busy public road by 7th respondent herein based on the petitioner's representation dated 09.10.2024, within a time frame to be stipulated by this Court.2. According to the petitioner, in respect of S.No.80 at OMR Road Cart Track at Padur Village, Thiruporur Taluk, Chengalpattu District, there has been an encroachment by the 7th respondent and in order to remove such encroachment, based on her father's request, already the fourth respondent Revenue Tahsildar, Thiruporur Taluk, having conducted a survey, where he found that the private respondent has encroached upon the property belongs to the Highways Department in the said survey number. Therefore, a report has been sent by the Tahsildar to the 5th respondent ie., Divisional Engineer, Highways Department, Chennai on 02.05.2025 stating the following:" br';fy;gl;L khtl;lk; jpUg;nghU:h; tl;lk; be/07. gL:h; fpuhkk; OMR rhiy tz;og;ghij tifghL g[y vz;/80 tp!;jPh;zk; 0.84.0 Vh;!; epyj;jpy; cs;s Mf;fpukpg;gpid __________Page 3 of 8 https://www.mhc.tn.gov.in/judis WP No. 35623 of 2025mfw;wf;nfhhp ghh;it 1y; fhz{k; kD tug;bgw;wJ bjhlh;ghf epy msit bra;J Mf;fpukpg;g[ bra;ag;gl;Ls;s tptuj;jpid g[y glj;jpy; tiut[ bra;J fhz;gpf;fg;gl;Ls;sJ/ nkw;go Mf;fpukpg;g[fis mfw;w VJthf jkpH;ehL epy Mf;fpukpg;g[ mfw;Wk; rl;lk; 1905d; fPH; gotk; 1 (k) 2 jahh; bra;J ,j;Jld; ,izj;jDg;gg;gLfpwJ/ nkw;go Mf;fpukpg;g[fs; mfw;wg;gl;l tptuj;jpid ,t;tYtyfj;jpw;f;F bjhptpf;FkhW fdpt[ld; nfl;Lf;bfhs;fpnwd;/,izg;g[ ? nkw;goj';fs; ek;gpf;ifa[s;stl;lhl;rpah; jpUg;nghU:h; 3. Despite the report having been filed, no action since seems to have been taken by the 5th respondent, the petitioners are constrained to approach this Court by filing the present writ petition with the aforesaid prayer.4. Heard Ms.R.Divyapreathika, learned counsel for the petitioners, Ms.M.Jayanthy, learned Additional Government Pleader for the respondents 1 to 4 and Mr.A.Selvendran, learned Special Government Pleader for the 5th respondent. 5. Learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that the report of the 4th respondent dated 02.05.2025 has __________Page 4 of 8 https://www.mhc.tn.gov.in/judis WP No. 35623 of 2025already been forwarded to the 5th respondent and therefore, it is now for the 5th respondent to take action in accordance with the provisions of the Highways Act.6. Learned Special Government Pleader appearing for the 5th respondent would submit that under the provisions of the Highways Act, especially under Section 28. notice would be issued to the persons who had allegedly encroached the Highways land and action would be taken as early as possible, he submitted.7. In view of the order that is going to be passed in this writ petition, notice to the respondents 6 and 7 is dispensed with.8. Since the report of the 4th respondent who made such report after conducting the survey discloses that there has been an encroachment by private persons ie., 7th respondent in the Highways land at the S.No.80, Padur Village, Thiruporur Taluk, Chengalpattu District and the same has been brought to the notice of the 5th respondent by the proceedings of the Tahsildar dated 02.05.2025 and the 5th respondent being represented by Mr.A.Selvendran, learned Special Government Pleader has taken the aforesaid stand, we are inclined to dispose of this writ petition with the following order.(a)There shall be a direction to the 5th respondent to act upon the report of the 4th respondent dated 02.05.2025 in respect of the alleged encroachment made by the 7th respondent or any other __________Page 5 of 8 https://www.mhc.tn.gov.in/judis WP No. 35623 of 2025private persons, in accordance with the provisions of the Highways Act, of course by following the due process of law under the provisions of the said Act and such action shall be completed within a period of eight weeks from the date of receipt of a copy of this order.(b)It is made clear that, before taking any action to remove the encroachment either by the 7th respondent or any other third parties, due notice shall be served on them as contemplated under the provisions of the Highways Act.9. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.(R.S.K.,J.) (S.S.,J.) 22-10-2025Index: Yes/NoSpeaking/Non-speaking orderNeutral Citation: Yes/NoKST__________Page 6 of 8 https://www.mhc.tn.gov.in/judis WP No. 35623 of 2025To1.The District CollectorOffice Of The District Collector,Chengalpattu District.2.The District Revenue OfficerOffice Of The District Revenue Officer, Chengalpattu District.3.The Revenue Divisional OfficerOffice Of The Revenue Divisional Officer, Chengalpattu District.4.The TahsildarThiruporur Taluk, Chengalpattu District.5.The Divisional EngineerHighways Department, Operation And Maintenance, Alagesan Nagar, Varadharaja Nagr, Ammanambakkam, Chengalpattu-603 001.6.The PresidentPadur Panchayat Thiruporur Panchayat Union, Thiruporur, Chengalpattu District.__________Page 7 of 8 https://www.mhc.tn.gov.in/judis WP No. 35623 of 2025R.SURESH KUMAR J.ANDS.SOUNTHAR J.KSTWP No. 35623 of 2025ANDWMP NO. 39867 OF 202522-10-2025__________Page 8 of 8