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2026 DAILYLAW 77408 (MAD)

MOHAMMED BEEVI v. THE COLLECTOR

WP/39220/2025 · 2026-02-02

C Kumarappan, S M Subramaniam

Transfer Petitionbody2026

Judgment text

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2026:MHC:429 WP No. 39220 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-02-2026 CORAM THE HONOURABLE Mr. JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN WP No. 39220 of 2025 1. Mohammed Beevi D/o.M.M.Ibrahim Miyan, 38/57, Vaithiyapalli Street, Parangipettai-608 502, Bhuvanagiri Taluk, Cuddalore District. Petitioner(s) Vs 1. The Collector Cuddalore District, Cuddalore. 2.The Tahsildar Taluk Office, Bhuvanagiri Taluk, Cuddalore District. 3.The Block Development Officer, Parangipettai, Bhuvanagiri Taluk, Cuddalore District. 4.The President C.Pudupettai Panchayath, Bhuvanagiri Taluk, Cuddalore District. 5.The Assistant Divisional Engineer National Highways (Construction And Maintenance) Kurinjipadi, Kurinjipadi Taluk 1/7 https://www.mhc.tn.gov.in/judis WP No. 39220 of 2025 Cuddalore District. 6.Mahalakshmi W/o.Kasinathan, Saalokandu Thaikkal, C.Pudupettai Panchayat, Ariyakosti Madura, Bhuvanagiri Taluk, Cuddalore District. 7.Chitra W/o.Sampath, Saalokandu Thaikkal, C.Pudupettai Panchayat, Ariyakosti Madura, Bhuvanagiri Taluk, Cuddalore District. 8.Amudha W/o.Dakshinamoorthy, Saalokandu Thaikkal, C.Pudupettai Panchayat, Ariyakosti Madura, Bhuvanagiri Taluk, Cuddalore District. 9.Rajakumari W/o.Dakshinamoorthy, Saalokandu Thaikkal, C.Pudupettai Panchayat, Ariyakosti Madura, Bhuvanagiri Taluk, Cuddalore District. 10.Ambika W/o.Govindasami, Saalokandu Thaikkal, C.Pudupettai Panchayat, Ariyakosti Madura, Bhuvanagiri Taluk, Cuddalore District. 11.Ambika W/o.Ramalingam, Saalokandu Thaikkal, C.Pudupettai Panchayat, 2/7 https://www.mhc.tn.gov.in/judis WP No. 39220 of 2025 Ariyakosti Madura, Bhuvanagiri Taluk, Cuddalore District. 12.Lakshmi W/o.Rajendran, Saalokandu Thaikkal, C.Pudupettai Panchayat, Ariyakosti Madura, Bhuvanagiri Taluk, Cuddalore District. 13.Vasugi W/o.Pakkiri, Saalokandu Thaikkal, C.Pudupettai Panchayat, Ariyakosti Madura, Bhuvanagiri Taluk, Cuddalore District. Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents 1 to 5 to remove the encroachers/ respondents 6 to 13 in Puduchaitram-Parangipettai National Highway Road (NH-47) bearing R.S.No.78/- and road leading to Kothattai Vilalge bearing R.S.80/- in Ariyakoshti Revenue Village, C.Pudupettai Panchayath, Bhuvanagiri Taluk, Cuddalore District. For Petitioner(s): Mr.K.B.Rohith For Mr.D. Baskar For Respondent(s): Mr. T. Arun Kumar AGP For R1 To R3. No Appearance For R4 to R13. ******** 3/7 https://www.mhc.tn.gov.in/judis WP No. 39220 of 2025 ORDER (Order of the Court was made by S.M.Subramaniam J.) Writ of Mandamus has been instituted to direct the respondents 1 to 5 to remove the encroachers/respondents 6 to 13 in Puduchaitram-Parangipettai National Highway Road (NH-47) bearing R.S.No.78/- and road leading to Kothattai Vilalge bearing R.S.80/- in Ariyakoshti Revenue Village, C.Pudupettai Panchayath, Bhuvanagiri Taluk, Cuddalore District. 2.The Assistant Divisional Engineer, Highways, Kurinjipadi filed a status report and the relevant paragraphs are extracted hereunder:- “…. (3).It is submitted that the representation of the petitioner dated 30.04.2025 has been duly considered and based on the representation of the petitioner inspection and survey was conducted on 24.10.2025. It is submitted that 10 encroachments were identified in survey No.78 and 80 at km 29/6 of Puduchathiram, Parangipettai road including respondent 6 to 13 following the inspection conducted. (4).It is submitted that necessary notice has been issued for eviction of encroachments to all the encroachers under Section 28(2) (ii) of Tamil Nadu Highways Act 2001, in Assistant Divisional Engineer’s (H) C&M, Kurinjipady, Memo No.215/2025/A/Dated:14.11.2025. (5).It is submitted that the encroachers did not respond to 4/7 https://www.mhc.tn.gov.in/judis WP No. 39220 of 2025 the eviction notices issued, and no records produced by them in support of their plea if any within the time frame. Hence action is being initiated to evict all the encroachments and the same will be completed soon.” 3.In view of the said status report, the respondents 1 to 3 are directed to proceed with the enforcement actions and evict the encroachers by following the procedures as contemplated under law. The said exercise is directed to be completed within a period of twelve(12) weeks from the date of receipt of a copy of this order. 4.With the above directions, this Writ Petition stands disposed of. No costs. (S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) 02-02-2026 Index:Yes Speaking order Internet:Yes Neutral Citation:Yes/No kmi 5/7 https://www.mhc.tn.gov.in/judis WP No. 39220 of 2025 To 1.The Collector Cuddalore District, Cuddalore. 2.The Tahsildar Taluk Office, Bhuvanagiri Taluk, Cuddalore District. 3.The Block Development Officer, Parangipettai, Bhuvanagiri Taluk, Cuddalore District. 4.The President C.Pudupettai Panchayath, Bhuvanagiri Taluk, Cuddalore District. 5.The Assistant Divisional Engineer National Highways (Construction And Maintenance) Kurinjipadi, Kurinjipadi Taluk Cuddalore District. 6/7 https://www.mhc.tn.gov.in/judis WP No. 39220 of 2025 S.M.SUBRAMANIAM J. AND C.KUMARAPPAN J. kmi WP No.39220 of 2025 02-02-2026 7/7 https://www.mhc.tn.gov.in/judis