K.Nagaiyan v. The District Collector

ORDER (Order of the Court was made by S.M.Subramaniam J.) Writ of mandamus has been instituted to direct the respondents to take appropriate action on the representation of the petitioner dated 28.04.2025 in respect of removal of unauthorized hut temple and stone erected inside, opposite to the petitioner's house, on the National Highways in Jayankondam to Trichy (NH -81) at Jayankonam, as per order of the Hon'ble Supreme Court made in SLP (C) No 8519/ 2006 dated 29.09.2009 and 31.08.2018 and As per Sub Section (7) of Section 26 and 27 of the Control of National Highway (Land and Traffic) Act 2002.

¶2With respect to the relief sought for in the present writ petition, the Assistant Divisional Engineer, National Highways Authority of India/3rd respondent conducted an inspection and surveyed the land, and identified encroachment. Paragraph No.6 of the status report filed by the 3rd respondent is extracted hereinunder, "6. I state that the 1st respondent by a letter dated 19.11.2025 had directed this respondent to give a report with regard to the representation of the writ petitioner, thereafter this respondent by a letter in Ka.No.11/case/2025/A dated 24.11.2024 had Page3 of 5 requested the Thasildar, Udayarpalayam to Survey the land which is abutting the boundaries of National Highways and file a report in this regard. I state that even though the state highways is the competent authority since the petitioner gave the representation to remove the encroachment prior to taken over by State Highways department, this respondent has requested the Thasildar, Udayarpalayam to survey the property. Once, the survey is done it is for the Construction and Maintenance Wing of State Highways Department to take appropriate action."

¶3In view of the status report filed by the 3rd respondent, all further enforcement actions are to be initiated and to be concluded by following the procedure as contemplated under the statutes and rules. Encroachments are directed to be removed within a period of 12 weeks from the date of receipt of a copy of this order.

¶4With the above direction, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (K.B.,J.) 30-03-2026 Index: Yes/No Speaking/Non-speaking order GD Page4 of 5 To

¶1The District Collector Collectorate, Ariyalur District

¶2The Project Director National Highway Authority Of India No 39 3rd Cross Stateet, Kalyanasundaram Nagar, Karamandapam Trichy 620 001

¶3Assistant Divisional Engineer O/o Assistant Divisional Engineer, The National Highway Authroity Of India, Ariyalur District WPoNo.o43357oofo2025 S.M.SUBRAMANIAM,eJ. AND K.KUMARESHeBABU,eJ. GD WPeNo.e43357eofe2025 30-03-2026 Page5oofo5

2026:MHC:1356 Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-03-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU K.Nagaiyan ..Petitioner(s) Vs 1. The District Collector Collectorate, Ariyalur District 2. The Project Director National Highway Authority Of India No 39 3rd Cross Stateet, Kalyanasundaram Nagar, Karamandapam Trichy 620 001 3. Assistant Divisional Engineer O/o Assistant Divisional Engineer, The National Highway Authroity Of India, Ariyalur District ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India issuing writ of mandamus directing the respondents to take appropriate action on the representation of the petitioner dated 28.04.2025 in respect of removal of unauthorized hut temple and stone erected inside, opposite to the petitioner's house, on the National Highways in Jayankondam to Trichy (NH -81) at Jayankonam, as per order of the Hon'ble Supreme Court made in SLP (C) No 8519/ 2006 dated 29.09.2009 and 31.08.2018 and As per Sub Section (7) of Section 26 and 27 of the Control of National Highway (Land and Traffic) Act 2002. For Petitioner(s): Mr.R.Singaravelan Senior Counsel for Mr.V.Ravikumar Page2 of 5 For Respondent(s): Mr.T.Arunkumar Additional Government Pleader for R1 No appearance for R2& 3