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2026 DAILYLAW 74474 (MAD)

Arulmigu Shri Savali Sivalingappa Jeewa Samathi Trust v. The District Collector

WP/21895/2022 · 2026-02-18

C Kumarappan, S M Subramaniam

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 21895 of 2022 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-02-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN WP No. 21895 of 2022 Arulmigu Shri Savali Sivalingappa Jeewa Samathi Trust,rep. by its President K.R.Mageswaran, S/o.Late.Rajasekaran, New Door No.15/5, Kannadiar Koil street, Kaspa-A, Ambur-635 802, Tiruppattur District. ..Petitioner(s) Vs 1. The District Collector Tirupatthur District. 2. The Revenue Divisional Officer, Vaniyambadi, Tiruppattur District. 3. The Tahsildar, Ambur, Tiruppattur District. 4. The Commissioner, Ambur Municipality, Ambur. 5. The Superintendent of Police, Tiruppattur, Tiruppattur District. 6. The Chief Engineer, Highways Department, Chennai-25. 7. The Asst. Divisional Engineer, Highways Department, tirupathur,Tiruppattur District. 8. The Asst Executive Engineer, Highways Department, Vaniyambadi, Tiruppattur District. 9. The Deputy Superintendent of Police, https://www.mhc.tn.gov.in/judis WP No. 21895 of 2022 __________ Page2 of 6 Ambur Taluk, Ambur, Tiruppattur District. 10.The Inspector of Police, Ambur Town, Ambur, Tiruppattur District. 11.Anbu SF 31 and 33/3, Samalapuram Main Road, A Kaspa, Ambur-635 802, Tiruppattur District. 12.Ambika SF 31 and 33/3, Samalapuram Main Road, A Kaspa, Ambur-635 802, Tiruppattur District. 13.Kumar SF 31 and 33/3, Samalapuram Main Road, A Kaspa, Ambur-635 802, Tiruppattur District. 14.Loganathan SF 31 and 33/3, Samalapuram Main Road, A Kaspa, Ambur-635 802, Tiruppattur District. 15.Meena SF 31 and 33/3, Samalapuram Main Road, A Kaspa, Ambur-635 802, Tiruppattur District. 16.Parthiban SF 31 and 33/3, Samalapuram Main Road, A Kaspa, Ambur-635 802, Tiruppattur District. 17.Thennarasi SF 31 and 33/3, Samalapuram Main Road, A Kaspa, Ambur-635 802, Tiruppattur District. 18.Nithiya SF 31 and 33/3, Samalapuram Main Road, A Kaspa, Ambur-635 802, Tiruppattur District. 19.Rosi SF 31 and 33/3, Samalapuram Main Road, A Kaspa, Ambur-635 802, Tiruppattur District. 20.Senthammarai SF 31 and 33/3, Samalapuram Main Road, A Kaspa, Ambur-635 802, Tiruppattur District. 21.Venkatesan https://www.mhc.tn.gov.in/judis WP No. 21895 of 2022 __________ Page3 of 6 SF 31 and 33/3, Samalapuram Main Road, A Kaspa, Ambur-635 802, Tiruppattur District. 22.Raji SF 31 and 33/3, Samalapuram Main Road, A Kaspa, Ambur-635 802, Tiruppattur District. 23.Noon Meal Centre, Ambur Municipality, Ambur-635 802, Thirupattur District. ..Respondent(s) To direct all the respondents 1 to 10 to take steps to evict the encroachers more particularly respondents 11 to 23 at the place of Highways road, Ambur-Kaspa K.M.0/4 and 1/6 left with police protection by 5, 9 and 10th respondents For Petitioner(s): Ms.S.Thamizharasi For Respondent(s): Mr.T.Arun Kumar, AGP for R1 to R3 & R5 to R10. Mrs.S.Indhu Bala, AGP for R4. No Appearance for R11 to R23. ORDER (Order of the Court was made by C.Kumarappan J.) Writ of Mandamus had been instituted to direct the respondents 1 to 10 to take steps to evict the encroachers, more particularly, respondents 11 to 23 at the place of Highways Road, Ambur-Kaspa K.M.0/4 & 1/6 left with police protection by 5th, 9th and 10th respondents. 2. The Assistant Divisional Engineer, Highways Department, filed a counter affidavit stating that all the 12 encroachments identified were removed on 08.11.2022 in the presence of the respondents 2, 3 & 4 along with the police protection. https://www.mhc.tn.gov.in/judis WP No. 21895 of 2022 __________ Page4 of 6 3. Learned counsel for the petitioner would submit that after removal of encroachments, again the encroachers have occupied the highways property. 4. The aforesaid position may be ascertained by the Assistant Divisional Engineer, Highways Department, Vaniyambadi. If any person is found to be encroached upon the Highways property after eviction, all appropriate action has to be initiated to evict all the encroachers and to ensure that criminal case are filed against all the encroachers for re-occupying the Government property after eviction. The authorities are directed to ensure free flow of traffic in the Highways Road. Accordingly, the Writ Petition is disposed of. No costs. (S.M.S.,J.) (C.K.,J.) 18-02-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VSI To 1.The District Collector Tirupatthur District. 2.The Revenue Divisional Officer, Vaniyambadi, Tiruppattur District. 3.The Tahsildar, Ambur, Tiruppattur District. 4.The Commissioner, Ambur Municipality, Ambur. 5.The Superintendent of Police, Tiruppattur, Tiruppattur District. https://www.mhc.tn.gov.in/judis WP No. 21895 of 2022 __________ Page5 of 6 6.The Chief Engineer, Highways Department, Chennai-25. 7.The Asst. Divisional Engineer, Highways Department, tirupathur,Tiruppattur District. 8.The Asst Executive Engineer, Highways Department, Vaniyambadi, Tiruppattur District. 9.The Deputy Superintendent of Police, Ambur Taluk, Ambur, Tiruppattur District. 10.The Inspector of Police, Ambur Town, Ambur, Tiruppattur District. https://www.mhc.tn.gov.in/judis WP No. 21895 of 2022 __________ Page6 of 6 S.M.SUBRAMANIAM, J. AND C.KUMARAPPAN, J. vsi WP No. 21895 of 2022 18-02-2026 https://www.mhc.tn.gov.in/judis