W.P.No.42397 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.11.2025 CORAM THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P.No.42397 of 2025 Vanitha ... Petitioner -Vs- 1. The District Collector, Tiruvannamalai Taluk, Tiruvannamalai District. 2. The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai District. 3. The Assistant Divisional Engineer Highway, Construction and Maintenance, Tiruvannamalai. 4. Palani ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the third respondent to take necessary action on the report submitted by the second respondent vide letter 1/8 https://www.mhc.tn.gov.in/judis W.P.No.42397 of 2025 bearing Na.Ka.No.B46042/2024 dated 14.11.2024 within a reasonable time as fixed by this Court. For Petitioner : Mr.P.Arumugavel For Respondents : Mr.E.Vijay Anand Addl. Govt. Pleader for R1 to R3 Notice dispensed with for R4 O R D E R (Order of the Court was made by R.SURESH KUMAR, J.) The prayer sought for herein is for a writ of mandamus to direct the third respondent to take necessary action on the report submitted by the second respondent vide letter No.Na.Ka.No.B46042/2024 dated 14.11.2024 within a reasonable time as fixed by this Court. 2. In Survey No.53 at Kezhnachipattu Village, Tiruvannamalai District, State Highways between Cuddalore and Chittoor and in the Highways poramboke, there has been an encroachment of nearly about twelve persons including the fourth respondent. In order to remove such encroachment, already 2/8 https://www.mhc.tn.gov.in/judis W.P.No.42397 of 2025 request has been made by the petitioner to the second respondent / Tahsildar who in turn has sent a communication on 14.11.2024 to the third respondent to the following effect: "kDjhuUf;F R/fPH;ehr;rpg;gl;L fpuhk g[z;bra; rh;nt vz;/54-2 giHa rh;nt vz;/43-3;?y; mike;Js;s rf;jp kidg;gphptpy; Mtz vz;/489-2015;?d;;’go kid vz;fs;/34.35 bkhj;j rJuo 4749 bfhz;l fhyp kid brhe;jkhf cs;sJ/ fpuak; bgw;w ehs; Kjy; nkw;go fhypidahdJ kDjhuhpd; mDgtj;jpy; cs;sJ/ kDjhuh; fpuak; bgw;w fhypkidf;F Kd;ghf nkw;go fpuhk g[y vz;/53;?y;’flYhh;?rpj;Jhh;;’ njrpa beL";rhiy mike;Js;sJ/ nkw;go njrpa beL";rhiy g[wk;nghf;fpy; Rkhh; 12 egh;fs; tPLfs; fl;oa[k; filfs; itj;Jk; Mf;fpukzk; bra;Js;sjhy; Mf;fpukzjhuh;fspd; tptuk; Fwpj;jhd gotk;?1 mwpf;if ,j;Jld;’,izj;jDg;gg;gLfpwJ nkw;go Mf;fukzj;jpid Mf;fpukpg;g[ mfw;Wk; rl;lk;’1905?d;go chpa tHpKiwahf Mf;fukzjhuh;fSf;F gotk;?7 kw;Wk;’gotk;?6 tH';fp Mf;fukz';fis mfw;w chpa eltof;if vLf;FkhW fzpt[ld;’nfl;Lf; bfhs;fpnwd;/" 3/8 https://www.mhc.tn.gov.in/judis W.P.No.42397 of 2025 3. Despite the request having been made by the second respondent / Tahsildar, no action seems to have been taken by the third respondent, therefore, the petitioner has moved the present writ petition. 4. Heard Mr.P.Arumugavel, learned counsel appearing for the petitioner and Mr.E.Vijay Anand, learned Additional Government Pleader appearing for the respondents 1 to 3. Notice to the fourth respondent is dispensed with in view of the order that is going to be passed in this writ petition. 5. If it is a Highways poramboke land where there has been an encroachment, it shall be earmarked and removed after conducting survey by giving proper notice to those encroachers either under the provisions of the Tamil Nadu Highways Act, 2001 if it is the State Highways or under the National Highways Act, 1956. However, it is the stand of the second respondent / Tahsildar that such encroachment removal can be undertaken under the provisions of the Tamil Nadu Land Encroachment Act, 1905, that has been 4/8 https://www.mhc.tn.gov.in/judis W.P.No.42397 of 2025 indicated in his letter dated 14.11.2024. 6. In that view of the matter, this Court is inclined to dispose of the writ petition with the following orders: (i) that there shall be a direction to the respondents 2 & 3 to have a joint inspection and survey of the land in question to verify the alleged encroachment of the twelve persons including the fourth respondent and if they find the encroachment, the same can be removed after giving notice to those encroachers either under the Tamil Nadu Land Encroachment Act, 1905 or any legistation governing the land in question where the alleged encroachment has been made, in accordance with law. (ii) Such an exercise shall be undertaken jointly by the respondents 2 & 3 within a period of two months from the date of receipt of a copy of this order. 7. With these directions, this Writ Petition is disposed of. However, there shall be no order as to costs. 5/8 https://www.mhc.tn.gov.in/judis W.P.No.42397 of 2025 (R.S.K., J.) (H.C., J.) 11.11.2025 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji To 1. The District Collector, Tiruvannamalai Taluk, Tiruvannamalai District. 2. The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai District. 3. The Assistant Divisional Engineer Highway, Construction and Maintenance, Tiruvannamalai. 6/8 https://www.mhc.tn.gov.in/judis W.P.No.42397 of 2025 R.SURESH KUMAR, J. and HEMANT CHANDANGOUDAR, J. vji W.P.No.42397 of 2025 7/8 https://www.mhc.tn.gov.in/judis W.P.No.42397 of 2025 11.11.2025 8/8 https://www.mhc.tn.gov.in/judis