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2026 DAILYLAW 61359 (MAD)

G. Ellappan v. The Secretary to Government

WP/31251/2026 · 2026-08-07

K Govindarajan Thilakavadi, P Velmurugan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.31251 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.08.2026 CORAM THE HON'BLE MR JUSTICE P. VELMURUGAN AND THE HON'BLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI W.P.No.31251 of 2026 and W.M.P.Nos.34348 and 34349 of 2026 1. G.Ellappan 2. Poonkoodi ... Petitioners versus 1. The Secretary to Government, Highways and Minor Ports Department, Fort St.George Secretariat, Chennai – 600 009. 2. The Chief Engineer (Construction & Maintenance) Office of the Integrated Chief Engineer, HRS Campus, Sardar Patel Road, Chennai – 600 025. 3. The District Collector, Thiruvallur District, Thiruvallur – 602 001. 4. The Superintending Engineer (Highways), Construction and Maintenance, Chennai Circle, Guindy Industrial Estate, Chennai – 600 032. 5. The Divisional Engineer (Highways) (C&M), No.155/17, Jawaharlal Nehru Road, Pg.Nos.1/6 https://www.mhc.tn.gov.in/judis W.P.No.31251 of 2026 Thiruvallur – 602 001. 6. The Assistant Divisional Engineer (Highways), Gummidipoondi – 601 201. ... Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the petitioners’ representation dated 20.03.2026 and accordingly initiate prior acquisition proceedings in accordance with law and pay lawful compensation by adopting due process of law before taking over any portion of the petitioners’ lands in Survey Nos.26/1, 26/3, 28/4, 7/2A2F, 7/2A2H, 7/2A2J and 26/8, covered under Patta Nos.123, 124, 740 and 359 situated at Kayalarmedu Village, Chinna Obulapuram Mathura, Gummidipoondi Taluk, Thiruvallur District, for widening the existing Gummidipoondi-Madharpakkam Road (km.0/0 to 6/2) into a two-lane road or for laying any fresh road or otherwise. For Petitioners : Mr.N.R.Anantha Rama Krishna For Respondents : Mr.K.Surendar Special Government Pleader O R D E R W.M.P.No.34348 of 2026 filed seeking permission to the petitioners to join together and file a single writ petition is ordered subject to payment of separate Court fee. Pg.Nos.2/6 https://www.mhc.tn.gov.in/judis W.P.No.31251 of 2026 2. Mr.K.Surendar, learned Special Government Pleader takes notice for the respondents. 3. The writ petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to consider the petitioners’ representation dated 20.03.2026, wherein they requested the respondents to initiate prior acquisition proceedings in accordance with law and pay due compensation before taking possession of any portion of their lands in Survey Nos.26/1, 26/3, 28/4, 7/2A2F, 7/2A2H, 7/2A2J and 26/8, covered under Patta Nos.123, 124, 740 and 359 situated at Kayalarmedu Village, Chinna Obulapuram Mathura, Gummidipoondi Taluk, Thiruvallur District, for the purpose of widening the existing Gummidipoondi-Madharpakkam Road (km.0/0 to 6/2) into a two-lane road or for formation of any new road. 4. According to the petitioners, they are the absolute owners of the subject lands and that, earlier, a portion of their patta lands was utilised as a cart track and subsequently converted into an 18 feet tar road in public interest, without acquisition proceedings or payment of compensation. Subsequently, pursuant to G.O.No.105/HF2, Highways and Minor Ports Department, dated 02.07.2025, the Pg.Nos.3/6 https://www.mhc.tn.gov.in/judis W.P.No.31251 of 2026 respondents commenced steps for widening the Gummidipoondi-Madharpakkam Road (Km.0/0 to 6/2) into a two-lane road and, attempted to encroach upon the remaining portions of their patta lands without issuing notice or initiating appropriate acquisition proceedings. Hence, the petitioners submitted the representation dated 20.03.2026, requesting the respondents to follow the procedure prescribed by law and pay due compensation. As the said representation was not considered, the present writ petition has been filed. 5. Heard the learned counsel on either side and perused the materials available on record. 6. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioners, without expressing any opinion with regard to the merits of the case, we direct the respondents to consider the representation of the petitioners dated 20.03.2026 and pass appropriate orders on merits and in accordance with law, after issuing notice to all the necessary parties and affording them an opportunity of hearing, within a period of one month from the date of receipt of a copy of this order. Pg.Nos.4/6 https://www.mhc.tn.gov.in/judis W.P.No.31251 of 2026 7. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (P.V.,J.) (K.G.T.,J.) 07-08-2026 Index: Yes/No Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No ms To 1. The Secretary to Government, Highways and Minor Ports Department, Fort St.George Secretariat, Chennai – 600 009. 2. The Chief Engineer (Construction & Maintenance) Office of the Integrated Chief Engineer, HRS Campus, Sardar Patel Road, Chennai – 600 025. 3. The District Collector, Thiruvallur District, Thiruvallur – 602 001. 4. The Superintending Engineer (Highways), Construction and Maintenance, Chennai Circle, Guindy Industrial Estate, Chennai – 600 032. 5. The Divisional Engineer (Highways) (C&M), No.155/17, Jawaharlal Nehru Road, Thiruvallur – 602 001. 6. The Assistant Divisional Engineer (Highways), Gummidipoondi – 601 201. Pg.Nos.5/6 https://www.mhc.tn.gov.in/judis W.P.No.31251 of 2026 P.VELMURUGAN J. AND K.GOVINDARAJAN THILAKAVADI J. ms W.P.No.31251 of 2026 07.08.2026 (2/2) Pg.Nos.6/6 https://www.mhc.tn.gov.in/judis