BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2025 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.(MD)Nos.20491 & 21781 of 2025 W.P(MD)No.20491 of 2025 A.Veeramanigandan ... Petitioner -Vs- 1.The District Collector/Monitoring Committee, Collectorate, Madurai District. 2.The Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai-625 002. 3.The Superintendent of Police, Alagar Kovil Road, Madurai-625 002. 4.The Assistant Executive Engineer, State Highways Department, Madurai Division, Madurai & District. 1/10 https://www.mhc.tn.gov.in/judis 5.The Tahsildar, Madurai North Tahsildar Office, Collectorate Office Campus, Aringar Anna Nagar, Madurai & District. 6.The Executive Officer, Y.Othakadai Panchayat, Madurai & District. ... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to forthwith remove all temporary and permanent encroachments made on the side walks and public footpaths along the Madurai-Melur highway in the Y.Othakadai area 2. Direct the Respondents to initiate criminal and penal action against individuals or entities who have repeatedly and willfully encroached upon public footpaths and hindered pedestrian movement, 3.Direct the Respondents to install CCTV surveillance or appoint enforcement officers to ensure continuous monitoring and non-recurrence of such encroachments. For Petitioner : Ms.R.Suriya for M/s.KBS Law Office For R1,R4,R5 & R6 : Mr.J.Ashok Additional Government Pleader For R2 : Mr.P.Anbunidhi For R3 : Mr.T.Senthil Kumar Additional Public Prosecutor W.P(MD)No.21781 of 2025 A.Radhakrishnan ... Petitioner 2/10 https://www.mhc.tn.gov.in/judis -Vs- 1.The District Executive Magistrate/Collector, Madurai. 2.The Superintendent of Police, Madurai. 3.The Sub Divisional Executive Magistrate/ Revenue Divisional Officer, Melur, Madurai District. 4.The Assistant Director of Panchayats, Madurai. 5.The Superintending Engineer, Construction and Maintenance, Highways Department, Madurai District. 6.The Deputy Superintendent of Police, Omachikulam, Madurai District. 7.The Inspector of Police, Othakadai Police Station, Madurai District. 8.The Inspector of Police, Othakadai Traffic Police Station, Madurai District. ... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents Nos.2, 7 and 8 to take action on the petitioners complaint dated 15.07.2025 as expeditiously as 3/10 https://www.mhc.tn.gov.in/judis possible within a time frame as fixed by this Honble Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner : Mr.A.Radhakrishnan (Party-in-Person) For R1,R3, R4 & R5 : Mr.J.Ashok Additional Government Pleader For R2, R6 to R8 : Mr.T.Senthilkumar Additional Public Prosecutor COMMON ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) W.P(MD) No.20491 of 2025 has been instituted to direct the respondents to forthwith remove all temporary and permanent encroachments made on the side walks and public footpaths along the Madurai-Melur highway in the Y.Othakadai area; 2. direct the Respondents to initiate criminal and penal action against individuals or entities who have repeatedly and willfully encroached upon public footpaths and hindered pedestrian movement; 3.direct the Respondents to install CCTV surveillance or appoint enforcement officers to ensure continuous monitoring and non-recurrence of such encroachments. 4/10 https://www.mhc.tn.gov.in/judis 2.W.P(MD) No.21781 of 2025 has been instituted to direct the respondents to take action on the complaint submitted by the petitioner on 15.07.2025. 3.The complaint is all about causing obstruction in the highways main road i.e., Madurai-Melur Road in particular Otthakadi area. People are complaining that lot of obstructions and traffic congestions are frequently faced by the public. There are large number of encroachments by the traders and footpaths are not left out for the benefit of the walkers. 4.Encroachments in footpaths causing obstruction in the highways result in accident. People are losing lives, since footpaths are encroached upon by the traders and the walkers have no option but to use the highways road, which is causing not only inconvenience, but resulting in road accident. Pursuant to the directions issued by this Court, the Highways Department has initiated action to remove the encroachments. Most of the encroachments have already been removed. The highways authority made a submission that encroachments in the footpaths by the traders also had been removed. Now, footpaths are available freely for the usage of the walkers. 5/10 https://www.mhc.tn.gov.in/judis 5.While interacting with the learned Additional Government Pleader, one of the issues raised is about irregular parking of vehicle in large number in highways road. In this regard, the Traffic Inspector, who is present before this Court, would submit that actions are being taken to remove the obstructions by imposing fine and hereinafter, stringent actions will be taken to ensure that the parking in highways road is not allowed and the perpetrators will be imposed with fine or the vehicle will be removed and cases will be registered, if required. 6.At the outset, the learned Additional Government Pleader would submit that all appropriate actions will be initiated to ensure free flow of traffic in Madurai-Melur Highways road through Otthakadai and more specifically, in Otthakadai location, irregular parking and traffic condition will be monitored properly and the offenders will be imposed with fine and prosecuted in appropriate cases. 7.The highways authorities are directed to ensure that no more encroachments are permitted. In the event of any encroachments, it must be immediately removed by following the procedures. Footpath is to be maintained for the benefit of the people, who all are walking and this being the mandate under 6/10 https://www.mhc.tn.gov.in/judis the provisions of the statute, the authorities competent are bound to monitor and ensure free flow of traffic and prevent any sort of encroachments either in the highway road or in the footpaths. In the event of any violation, the authorities competent must be held responsible and accountable. 8.In respect of the temple constructed in the highways road, notice has been issued under Section 28 of the Highways Act. The Highways Department would submit that the said unauthorized construction of the temple and encroachments will also be removed so as to clear the road for the benefit of the people at large. Let the Police Department shall provide adequate protection to the highways authorities and other authorities at the time of removal of the temple, which is unauthorizedly constructed in the highways road. 9.With the above directions, this Writ Petitions are disposed of. No costs. (S.M.S., J.) & (G.A.M., J.) 25.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes/No cp 7/10 https://www.mhc.tn.gov.in/judis To 1.The District Collector/Monitoring Committee, Collectorate, Madurai District. 2.The Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai-625 002. 3.The Superintendent of Police, Alagar Kovil Road, Madurai-625 002. 4.The Assistant Executive Engineer, State Highways Department, Madurai Division, Madurai & District. 5.The Tahsildar, Madurai North Tahsildar Office, Collectorate Office Campus, Aringar Anna Nagar, Madurai & District. 6.The Executive Officer, Y.Othakadai Panchayat, Madurai & District. 7.The District Executive Magistrate/Collector, Madurai. 8.The Superintendent of Police, Madurai. 9.The Sub Divisional Executive Magistrate/ Revenue Divisional Officer, Melur, Madurai District. 10.The Assistant Director of Panchayats, Madurai. 11.The Superintending Engineer, Construction and Maintenance, Highways Department, Madurai District. 12.The Deputy Superintendent of Police, Omachikulam,Madurai District. 13.The Inspector of Police, Othakadai Police Station, Madurai District. 8/10 https://www.mhc.tn.gov.in/judis 14.The Inspector of Police, Othakadai Traffic Police Station, Madurai District. 9/10 https://www.mhc.tn.gov.in/judis S.M.SUBRAMANIAM, J. AND G.ARUL MURUGAN, J. cp W.P.(MD)Nos.20491 & 21781 of 2025 25.08.2025 10/10 https://www.mhc.tn.gov.in/judis