W.P.(MD)No.20868 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2025 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P.(MD)No.20868 of 2025 and W.M.P.(MD)Nos.16151 & 16152 of 2025 1.Pandiyan 2.Vadivukarasi ... Petitioners Vs. 1.The District Collector / Monitoring Committee, Pudukkottai, Pudukkottai District. 2.The Divisional Engineer, Highways, Pudukkottai, Pudukkottai District. 3.The Assistant Divisional Engineer, Highways, Construction and Maintenance Office, Pudukkottai, Pudukkottai District. 4.The District Revenue Officer, Pudukkottai, Pudukkottai District. 5.The Commissioner, Pudukkottai Municipality, Pudukkottai, Pudukkottai District. 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20868 of 2025 6.Venkatesan ...Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the 3rd respondent in his notice in A.No.103/2025/EvA/ dated 21.07.2025 and quash the same as devoid of merits and consequently, to direct the 3rd respondent not to disturb the petitioner's possession and enjoyment in S.No.13/4, Natham Poramboke land situated in Manippallam Road, Pudukkottai Town till the final adjudication of the 4th respondent's proceedings in Na.Ka.No.E-2463910/A3/2024, dated 24.09.2024 and in O.S.No.84/2024 on the file of the District Munsif Court, Pudukkottai. For Petitioner : Mr.A.Haja Mohideen For R1 to R4 : Mr.J.Ashok, Additional Government Pleader ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) The show cause notice dated 21.07.2025 issued for removal of the encroachment made in the highways property is sought to be assailed in this Writ Petition. 2.The 6th respondent has earlier filed W.P.(MD)No.18800 of 2025, which was disposed of by this Court, vide order dated 11.07.2025, directing the 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20868 of 2025 authorities competent to complete the enforcement action, which was initiated under the provisions of the Tamil Nadu Highways Act. In view of the said order, further notice was issued by the highways authorities, vide proceedings dated 21.07.2025, which came to be challenged in the present Writ Petition. Thus, this Writ Petition is not entertainable. 3.The learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that patta in the highways property was erroneously granted by the revenue authorities, which was, subsequently, cancelled. Therefore, any further petition filed by the petitioners is not a bar for removal of the encroachment by following the procedures as contemplated under the Act. 4.The learned counsel appearing for the petitioners would submit that the petitioners are holding assignment patta. If so, they are at liberty to submit all the documents before the highways authorities, who in turn, shall verify the genuinity of the documents produced by the petitioners, take a decision and complete the enforcement action without any further delay, since the encroachment is identified in the highways property, which would pose danger to 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20868 of 2025 the road users and for free flow of vehicle. The said exercise is directed to be completed within a period of eight (8) weeks from the date of receipt of a copy of this order. 5.With the above observations, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) & (A.D.M.C., J.) 30.07.2025 (2/2) NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector / Monitoring Committee, Pudukkottai, Pudukkottai District. 2.The Divisional Engineer, Highways, Pudukkottai, Pudukkottai District. 3.The Assistant Divisional Engineer, Highways, Construction and Maintenance Office, Pudukkottai, Pudukkottai District. 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20868 of 2025 4.The District Revenue Officer, Pudukkottai, Pudukkottai District. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.20868 of 2025 S.M.SUBRAMANIAM, J. AND DR.A.D.MARIA CLETE, J. Yuva W.P.(MD)No.20868 of 2025 30.07.2025 (2/2) 6/6 https://www.mhc.tn.gov.in/judis