W.P(MD)No.13026 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD)No.13026 of 2019 and W.M.P.(MD) Nos.9722 and 9723 of 2019 E.K.John Victor Ellis ... Petitioner Vs. 1.The Additional Chief Secretary, Highways and Minor Port Department, Fort St. George, Chennai-600 009. 2.The Director General of Police, PB No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004. 3.The District Collector, Madurai District Madurai-625 020. 4.The Divisional Engineer, Highways Department, Construction and Maintenance, Madurai-2. 5.The Commissioner, Madurai Corporation, Madurai. 6.Meenakshi Mission Hospital and Research Centre, Rep., by its Chairman, Lake Area, Melur Road, Madurai-625 107. 1/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.13026 of 2019 7.Dr.R.Jayaraman, Member Secretary, Centre For Entrepreneurship Development (Tamilnadu), Paddy and Flower Market Complex, Madurai Melur Main Road, Madurai-625 007. 8.The Manager, Dindigul Thalappakatti Restaurant, 1, Melur Main Road, Vinayagar Nagar, K.K.Nagar, Madurai-625 020. 9.The Manager, Hotel Vasantham Grand, No.17-A, Opp. District Court, Melur Main Road, Madurai-625 020. 10.The Administrator, Raja Sir Muthiah Mandram, 307, Melur Main Road, K.K.Nagar, Madurai-625 020. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 & 2 and the other State level authorities to give proper and effective instructions to the District level officers for the effective implementation of the provisions under the Tamilnadu Highways Act, 2001 by removing all the encroachments made over the State Highways, its margins and the pavements in the state of Tamilnadu and also direct the respondents 3 to 5 to remove all the encroachments made over the State Highway, its margins and the pavements in between Y.Othakadai to Madurai Corporation Office at Dr.Ambedkar Road, K.K.Nagar, Madurai-20 with immediate effect based on the petitioner's representation dated 20.05.2019. For Petitioner : Mr.Ananth C.Rajesh 2/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.13026 of 2019 For RR1, 3 & 4 : Mr.P.Thilakkumar Government Pleader For R2 : Mr.T.Senthilkumar Additional Public Prosecutor For R5 : Mr.S.Vinayak Standing Counsel For R8 : Mr.R.Parthiban For R9 : Mr.K.Prabakaran For RR6, 9 & 10 : No appearance O R D E R [Order of the Court was made by S.M.SUBRAMANIAM, J.] The relief sought for in the present writ petition is to direct respondents 1 and 2 and the other State level authorities to give proper and effective instructions to the District level officers for the effective implementation of the provisions under the Tamil Nadu Highways Act, 2001 by removing all the encroachments made over the State Highways, its margins and the pavements in the state of Tamil Nadu and also direct respondents 3 to 5 to remove all the encroachments made over the State Highway, its margins and the pavements in between Y.Othakadai and Madurai Corporation Office at Dr.Ambedkar Road, K.K.Nagar, Madurai. 3/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.13026 of 2019 2. The petitioner is a practising Advocate. He states that he is using the State Highway in between Y.Othakadai and K.K.Nagar during his professional duties. He states that several encroachments are made and bunk stalls are installed in the Highway road. Two wheelers and cars are also parked creating traffic congestion and the road users are afraid of accidents on account of large scale encroachments. 3. It is contended by the learned counsel for the petitioner that respondents 6 to 10 obtained fake permission from the fifth respondent in violation of the statute and rules and constructed buildings without leaving space for parking of vehicles for their customers. Since such encroachments are violative of the provisions of the Tamil Nadu Highways Act, all actions are to be initiated. 4. The learned Government Pleader appearing on behalf of the State would submit that several encroachments outside Mattuthavani bus stand had already been removed and some encroachments inside the bus stand are yet to be removed. Regarding encroachments in Highways, the competent authority under the Highways Act has to initiate proceedings for eviction of the encroachers. 4/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.13026 of 2019 5. In view of the said submission made by the learned Government Pleader, respondents 3, 4 and 5 are directed to coordinate and initiate appropriate proceedings to remove the encroachments in the State Highways in between Y.Othakadai and Madurai Corporation Office at Dr.Ambedkar Road, K.K.Nagar, Madurai. The encroachments are to be removed by following the procedures as contemplated under the relevant statutes and rules in force. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order. 6. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [S.M.S., J.] [A.D.M.C., J.] 07.07.2025 Index:Yes Internet:Yes/No NCC:Yes/No abr 5/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.13026 of 2019 To 1.The Additional Chief Secretary, Highways and Minor Port Department, Fort St. George, Chennai-600 009. 2.The Director General of Police, PB No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004. 3.The District Collector, Madurai District Madurai-625 020. 4.The Divisional Engineer, Highways Department, Construction and Maintenance, Madurai-2. 5.The Commissioner, Madurai Corporation, Madurai. 6/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.13026 of 2019 S.M.SUBRAMANIAM, J. and DR.A.D.MARIA CLETE, J. abr W.P(MD)No.13026 of 2019 07.07.2025 7/7 https://www.mhc.tn.gov.in/judis