W.P(MD)No.15818 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2025 CORAM : THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD)No.15818 of 2024 and WMP(MD)Nos.13768, 13807, 13809 and 15174 of 2024 1 S.RAMU 2 VIJAYA NIRMALA, 3 AMUTHA ... PETITIONERS vs. 1 THE DISTRICT COLLECTOR, COLLECTORATE OFFICE, MADURAI DISTRICT. 2 THE THASILDAR / MONITORING COMMITTEE, VADIPATTI TALUK, MADURAI DISTRICT. 3 THE DIVISIONAL ENGINEER, CONSTRUCTION AND MAINTENANCE, MADURAI 2. 4 THE ASSISTANT DIVISIONAL ENGINEER, CONSTRUCTION AND MAINTENANCE, HIGHWAYS DEPARTMENT, VADIPATTI, MADURAI DISTRICT. Page No.1 of 4 https://www.mhc.tn.gov.in/judis W.P(MD)No.15818 of 2024 5 THE HEAD SURVEYOR, VADIPATTI TALUKA, VADIPATTI, MADURAI DISTRICT. ... RESPONDENTS Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order issued by the 3rd respondents vide Ka.No.01/2024/A2 dated 02.07.2024 and quash the same as illegal as devoid of merits and further direct the 3rd respondents that not interfere in the petitioners peaceful possession. For Petitioner : Mr.M.Jothiramalingam For Respondents: Mr.S.Shaji Bino Special Government Pleader ORDER (Order of the Court was made by M.S.RAMESH, J.) The order passed under Section 28 of the Tamil Nadu Highways Act, 2001, directing the petitioners to remove the encroachment made by them in Survey No.426/2, of Mullipallam Village, Vadipatti Taluk, Madurai District, is put under challenge in this writ petition. Page No.2 of 4 https://www.mhc.tn.gov.in/judis W.P(MD)No.15818 of 2024 2. Perusal of the said order would reveal that the respondents have followed the procedure by issuance of show cause notice to the petitioners. All the three petitioners appear to have given their respective replies also on 30.05.2024. On consideration of the replies, the respondents had come to the conclusion that the petitioners have not substantiated their title over the properties in their occupation and therefore, have rejected the same. 3. In our view, the respondents have resorted to the proper procedure contemplated under the Act and hence, no interference is required to the impugned order. 4. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (M.S.R, J.) (A.D.M.C, J.) 24.01.2025 Index : Yes / No Neutral Citation : Yes / No bala Page No.3 of 4 https://www.mhc.tn.gov.in/judis W.P(MD)No.15818 of 2024 M.S.RAMESH, J. and A.D.MARIA CLETE, J. bala To 1 THE DISTRICT COLLECTOR, COLLECTORATE OFFICE, MADURAI DISTRICT. 2 THE THASILDAR / MONITORING COMMITTEE, VADIPATTI TALUK, MADURAI DISTRICT. 3 THE DIVISIONAL ENGINEER, CONSTRUCTION AND MAINTENANCE, MADURAI 2. 4 THE ASSISTANT DIVISIONAL ENGINEER, CONSTRUCTION AND MAINTENANCE, HIGHWAYS DEPARTMENT, VADIPATTI, MADURAI DISTRICT. 5 THE HEAD SURVEYOR, VADIPATTI TALUKA, VADIPATTI, MADURAI DISTRICT. ORDER MADE IN W.P(MD)No.15818 of 2024 DATED : 24.01.2025 Page No.4 of 4 https://www.mhc.tn.gov.in/judis