WP No. 35623 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-10-2025 CORAM THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE S. SOUNTHAR WP No. 35623 of 2025 AND WMP NO. 39867 OF 2025 1.Revathi Sasi D/o.Dhanaraj, No.134, Vanjinathan Street, Annai Indira Nagar, Velachery, Chennai-600 042. 2.D.Murali S/o.Dhanaraj, Rep. By His Power Agent Revathi Sasi, No.134, Vanjinathan Street, Annai Indira Nagar, Velachery, Chennai-600 042. ..Petitioners Vs 1. The District Collector Office Of The District Collector, Chengalpattu District. 2. The District Revenue Officer Office Of The District Revenue Officer, Chengalpattu District. 3. The Revenue Divisional Officer Office Of The Revenue Divisional Officer, Chengalpattu District. 4. The Tahsildar Thiruporur Taluk, Chengalpattu District. 5. The Divisional Engineer Highways Department, Operation And __________ https://www.mhc.tn.gov.in/judis WP No. 35623 of 2025 Maintenance, Alagesan Nagar, Varadharaja Nagr, Ammanambakkam, Chengalpattu-603 001. 6. The President Padur Panchayat Thiruporur Panchayat Union, Thiruporur, Chengalpattu District. 7. R.Balaji Proprietor Of King Poultry, 1/268, Omr Road, Padur, Chennai-603 103. ..Respondent(s) Prayer : Writ Petition under Article 226 of the Constitution of India for a Writ of Mandamus directing the official respondents to act upon the 4th respondents report by his proceedings comprised in Na.Ka. No.515/ 2025/A2 dated 02.05.2025 and ensure immediate removal of unauthorized and illegally run poultry shop in the busy public road by 7th respondent herein based on the petitioners representation dated 09.10.2024, within a time frame to be stipulated by this Honourable court. For Petitioner : Ms.R.Divyapreathika for Mr.R.Bharath Kumar For Respondent(s): Ms.M.Jayanthy Additional Government Pleader - for RR 1 to 4 Mr.A.Selvendran, Special Government Pleader For R5 Notice dispensed with - R6 and R7 __________ https://www.mhc.tn.gov.in/judis WP No. 35623 of 2025 Order (Order of the Court was made by R.Suresh Kumar J.) The prayer sought for herein is for a Writ of Mandamus directing the official respondents to act upon the 4th respondent's report by his proceedings comprised in Na.Ka. No.515/ 2025/A2 dated 02.05.2025 and ensure immediate removal of unauthorized and illegally run poultry shop in the busy public road by 7th respondent herein based on the petitioner's representation dated 09.10.2024, within a time frame to be stipulated by this Court. 2. According to the petitioner, in respect of S.No.80 at OMR Road Cart Track at Padur Village, Thiruporur Taluk, Chengalpattu District, there has been an encroachment by the 7th respondent and in order to remove such encroachment, based on her father's request, already the fourth respondent Revenue Tahsildar, Thiruporur Taluk, having conducted a survey, where he found that the private respondent has encroached upon the property belongs to the Highways Department in the said survey number. Therefore, a report has been sent by the Tahsildar to the 5th respondent ie., Divisional Engineer, Highways Department, Chennai on 02.05.2025 stating the following: " br';fy;gl;L khtl;lk; jpUg;nghU:h; tl;lk; be/07. gL:h; fpuhkk; OMR rhiy tz;og;ghij tifghL g[y vz;/80 tp!;jPh;zk; 0.84.0 Vh;!; epyj;jpy; cs;s Mf;fpukpg;gpid __________ https://www.mhc.tn.gov.in/judis WP No. 35623 of 2025 mfw;wf;nfhhp ghh;it 1y ; fhz{k ; kD tug;bgw;wJ bjhlh;ghf epy msit bra;J Mf;fpukpg;g [ bra;ag;gl;Ls;s tptuj;jpid g[y glj;jpy; tiut [ bra;J fhz;gpf;fg;gl;Ls;sJ/ nkw;go Mf;fpukpg;g[fis mfw;w VJthf jkpH;ehL epy Mf;fpukpg;g[ mfw;Wk; rl;lk; 1905d; fPH; gotk; 1 (k) 2 jahh; bra;J ,j;Jld; ,izj;jDg;gg;gLfpwJ/ nkw;go Mf;fpukpg;g[fs ; mfw;wg;gl;l tptuj;jpid ,t;tYtyfj;jpw;f;F bjhptpf;FkhW fdpt[ld; nfl;Lf;bfhs;fpnwd;/ ,izg;g[ ? nkw;go j';fs; ek;gpf;ifa[s;s tl;lhl;rpah; jpUg;nghU:h; 3. Despite the report having been filed, no action since seems to have been taken by the 5th respondent, the petitioners are constrained to approach this Court by filing the present writ petition with the aforesaid prayer. 4. Heard Ms.R.Divyapreathika, learned counsel for the petitioners, Ms.M.Jayanthy, learned Additional Government Pleader for the respondents 1 to 4 and Mr.A.Selvendran, learned Special Government Pleader for the 5th respondent. 5. Learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that the report of the 4th respondent dated 02.05.2025 has __________ https://www.mhc.tn.gov.in/judis WP No. 35623 of 2025 already been forwarded to the 5th respondent and therefore, it is now for the 5th respondent to take action in accordance with the provisions of the Highways Act. 6. Learned Special Government Pleader appearing for the 5th respondent would submit that under the provisions of the Highways Act, especially under Section 28. notice would be issued to the persons who had allegedly encroached the Highways land and action would be taken as early as possible, he submitted. 7. In view of the order that is going to be passed in this writ petition, notice to the respondents 6 and 7 is dispensed with. 8. Since the report of the 4th respondent who made such report after conducting the survey discloses that there has been an encroachment by private persons ie., 7th respondent in the Highways land at the S.No.80, Padur Village, Thiruporur Taluk, Chengalpattu District and the same has been brought to the notice of the 5th respondent by the proceedings of the Tahsildar dated 02.05.2025 and the 5th respondent being represented by Mr.A.Selvendran, learned Special Government Pleader has taken the aforesaid stand, we are inclined to dispose of this writ petition with the following order. (a)There shall be a direction to the 5th respondent to act upon the report of the 4th respondent dated 02.05.2025 in respect of the alleged encroachment made by the 7th respondent or any other __________ https://www.mhc.tn.gov.in/judis WP No. 35623 of 2025 private persons, in accordance with the provisions of the Highways Act, of course by following the due process of law under the provisions of the said Act and such action shall be completed within a period of eight weeks from the date of receipt of a copy of this order. (b)It is made clear that, before taking any action to remove the encroachment either by the 7th respondent or any other third parties, due notice shall be served on them as contemplated under the provisions of the Highways Act. 9. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (R.S.K.,J.) (S.S.,J.) 22-10-2025 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST __________ https://www.mhc.tn.gov.in/judis WP No. 35623 of 2025 To 1.The District Collector Office Of The District Collector, Chengalpattu District. 2.The District Revenue Officer Office Of The District Revenue Officer, Chengalpattu District. 3.The Revenue Divisional Officer Office Of The Revenue Divisional Officer, Chengalpattu District. 4.The Tahsildar Thiruporur Taluk, Chengalpattu District. 5.The Divisional Engineer Highways Department, Operation And Maintenance, Alagesan Nagar, Varadharaja Nagr, Ammanambakkam, Chengalpattu-603 001. 6.The President Padur Panchayat Thiruporur Panchayat Union, Thiruporur, Chengalpattu District. __________ https://www.mhc.tn.gov.in/judis WP No. 35623 of 2025 R.SURESH KUMAR J. AND S.SOUNTHAR J. KST WP No. 35623 of 2025 AND WMP NO. 39867 OF 2025 22-10-2025 __________ https://www.mhc.tn.gov.in/judis