[Cites 1, Cited by 0]
Madras High Court
K.Rajkumar vs The Project Director on 17 March, 2026
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P(MD)No.7342 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P(MD)No.7342 of 2026
K.Rajkumar ... Petitioner
vs.
1.The Project Director,
National Highways Authority of India,
No.A/1574, Kattorani East Street,
Ramanathapuram District
Tamil Nadu - 623 503.
2.The District Collector,
The District Collectors Office,
Sivagangai,
Sivagangai District.
3.The Thasildar,
Thasildars' Office,
Manamadurai,
Sivagangai District.
4.Rathinam ... Respondents
1/6
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W.P(MD)No.7342 of 2026
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, directing the respondents 1, 2
and 3 to consider petitioner representation dated 13.01.2026 take appropriate
action to remove the encroachment of 4th respondent (one Mr.Rathinam,
S/o.Thangavel) and some others who are occupying illegally in the service
road of Kepparpattinam, Manamadurai Taluk, Sivagangai District.
For Petitioner : Mr.S.Samuel James Devasagayam
For Respondents : Mr.D.Rajagopal (R1)
for NAHAI
: Mr.S.P.Maharajan (R2 & R3)
Special Government Pleader
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.)
The petitioner has filed the present Writ Petition seeking a
direction to the respondents 1 to 3 to consider the petitioner’s representation
dated 13.01.2026 and to take appropriate action to remove the encroachment
made by the fourth respondent and some others who are illegally occupying
the service road at Kepparpattinam, Manamadurai Taluk, Sivagangai
District.
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2.By consent of both parties, this Writ Petition is taken up for
final disposal at the admission stage itself.
3.Mr.D.Rajagopal, learned counsel accepts notice for the first
respondent and Mr.S.P.Maharajan, learned Special Government Pleader,
accepts notice for the respondents 2 and 3. Considering the limited relief
sought for by the petitioner, notice to the fourth respondent is dispensed
with.
4.It is the contention of the petitioner that the fourth respondent
has encroached upon the Highways road by erecting an asbestos sheet roof
and occupying a small portion of the land. In this regard, the petitioner
submitted a representation dated 13.01.2026 before the authority concerned.
Since the same has not been considered so far, the petitioner has filed the
present Writ Petition.
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5.The learned counsel appearing for the respondents 1 to 3, on
instructions, submitted that the petitioner’s representation dated 13.01.2026
would be considered and that the authorities concerned would conduct a
survey of the land in question in the presence of all the parties concerned. He
further submitted that appropriate action would be taken to remove the
encroachment, if any.
6.In such view of the matter, the authorities concerned are
directed to conduct a survey in the place in question, after issuing notice to
the petitioner, the fourth respondent and all other parties concerned, if any,
within a period of two weeks from the date of receipt of a copy of this order.
If the survey reveals any encroachment, the authorities concerned shall take
necessary action for the removal of such encroachment, after affording
sufficient opportunity of personal hearing to all the parties concerned and by
following due process of law, within a period of three months thereafter.
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7.With the above directions, this Writ Petition is disposed of. No
costs.
[N.S.K.,J.] [M.J.R.,J.]
17.03.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
To
1.The Project Director,
National Highways Authority of India,
No.A/1574, Kattorani East Street,
Ramanathapuram District
Tamil Nadu - 623 503.
2.The District Collector,
The District Collectors Office,
Sivagangai,
Sivagangai District.
3.The Thasildar,
Thasildars' Office,
Manamadurai,
Sivagangai District.
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N.SATHISH KUMAR, J.
and
M.JOTHIRAMAN, J.
ps
ORDER MADE IN
DATED : 17.03.2026
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