S.Pichaimuthu v. The Divisional Engineer (Highways)

2026:MHC:3149 Page1 of 8 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29-07-2026 CORAM THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN AND THE HON'BLE MR.JUSTICE R.SAKTHIVEL WP(MD) Nos.21554 to 21561 of 2026 and W.M.P(MD) Nos.16027, 16031, 16036, 16033, 16030, 16029, 16041 &16028 of 2026 S.Pichaimuthu …Petitioner in W.P.

(MD)No.21554 of 2026 P.Krishnakumar ....Petitioner in W.P.

(MD)No.21555/2026 Mariyammal Seat Mohamed Lakshmi Sanjiagandhi .…Petitioner in W.P.

(MD)No.21556 of 2026 ....Petitioner in W.P.

(MD)No.21557 of 2026 ….Petitioner in W.P.

(MD)No.21558 of 2026 ….Petitioner in W.P.

(MD)No.21559 of 2026 K.Suresh Kannan ….Petitioner in W.P.

(MD)No.21558 of 2026 Vs

¶1The Divisional Engineer (Highways) Construction and Maintenance Office, Pudukkottai, Pudukkottai District. Page2 of 8

¶2The Assistant Divisional Engineer, (Highways), Construction and Maintenance Office, Pudukkottai East, Pudukkottai District. ..Respondents in all petitions PRAYER IN WP(MD) No. 21554 of 2026: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Proceedings issued by the 2nd respondent in Arivippu Kurippaanai No.242/2026/Eva.A/ dated 29.06.2026 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis selling the nursery garden near jail corner near Shesaiya Road, Pudukkottai District by considering the petitioner's representation dated 30.07.2026. PRAYER IN WP(MD) No.21556 of 2026: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned proceedings issued by the 2nd respondent in Arivippu Kurippaanai No.242/2026/Eva.A/ dated 29.06.2026 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis selling the bed sheet and pillow shop near to the jail road, Shesaiya Road, Pudukkottai by considering the petitioner's representation dated 30.07.2026. PRAYER IN WP(MD) No. 21557 of 2026: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, to call for the Page3 of 8 records pertaining to the impugned proceedings issued by the 2nd respondent in Arivippu Kurippaanai No. 242/2026/Eva.A/ dated 29.06.2026 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis selling the mosambi juice pushcart Shop near Jail corner near Shesaiya Road, Pudukkottai District by considering the petitioner's representation dated

30.07.2026. PRAYER IN WP(MD) No. 21555 of 2026: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Proceedings issued by the 2nd respondent in Arivippu Kurippaanai No. 242/2026/Eva.A/ dated 29.06.2026 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis selling the Fruit Shop in pushcart Jail corner near Shesaiya Road, Pudukkottai District by considering the petitioner's representation dated 30.07.2026. PRAYER IN WP(MD) No. 21558 of 2026: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Proceedings issued by the 2nd respondent in Arivippu Kurippaanai No. 242/2026/Eva.A/ dated 29.06.2026 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis selling the Clay pot shop near to the Jail road, Opposite to Indian Petrol Bunk, Shesaiya Road, Pudukkottai by considering the petitioner's representation dated

30.07.2026. Page4 of 8 PRAYER IN WP(MD) No. 21559 of 2026 Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Proceedings issued by the 2nd respondent in Arivippu Kurippaanai No. 242/2026/Eva.A/ dated 29.06.2026 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis selling the Fast Food Shop near Jail corner near Shesaiya Road, Pudukkottai District by considering the petitioner's representation dated 30.07.2026. PRAYER IN WP(MD) No. 21560 of 2026 Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Proceedings issued by the 2nd respondent in Arivippu Kurippaanai No. 242/2026/Eva.A/ dated 29.06.2026 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis selling the Fast Food Shop in Near PLA Corner, Near Collector Officer, Pudukkottai District by considering the petitioner's representation dated

03.07.2026. PRAYER IN WP(MD) No. 21561 of 2026 Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Proceedings issued by the 2nd respondent in Arivippu Kurippaanai No. 242/2026/Eva.A/ dated 29.06.2026 and quash the Page5 of 8 same on the ground that the same is arbitrary, illegal and without any legal basis selling the Fast food Shop near Shesaiya Road, Pudukkottai District by considering the petitioner's representation dated 30.07.2026. In all petitions: For Petitioner(s): Mr.G.Mathavan For Respondent(s): Mr.S.I.Muthiah Counsel for State COMMON ORDER (Order of the Court was made by C.V.Karthikeyan J.) The writ petitions have been filed claiming that notices issued under Section 28(2)2 of the Tamil Nadu Highways Act, 2001 should be quashed by this Court by way of issuing certiorari.

2.It is contended that the provision of law stipulates that if any representation is given, the same should be considered. The notice is dated

29.06.2026. The representations of the petitioners are dated 30.07.2026. Today, the date is 29.07.2026. We are not able to understand as to how the petitioners could have made representations tomorrow (30.07.2026) and filed the writ petitions on 23.07.2026 about 7 days before the issuance of the representations and claim that the representation should be examined. Page6 of 8

3.Even otherwise, it is claimed in the affidavit that the petitioners have only movables stacked up abutting the highways. Section 28 of the Tamil Nadu Highways Act, provides authority to the respondents to remove any obstruction. We also hold that the said representations dated 30.07.2026 should be considered as representations submitted afresh and direct consideration of the same within 3 working days, namely by 31.07.2026, 01.08.2026 and

02.08.2026. Orders should be passed on that representations on 03.08.2026. The respondents are permitted to proceed further in accordance with law on and from 04.08.2026.

4.Observing as above, all the writ petitions stand disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs. (C.V.K.,J.) (R.S.V.,J.) 29-07-2026 Index: Yes Speaking ta Note: Issue order copy on 30.07.2026 WP(MD)oNo.o21554oofo2026 C.V.KARTHIKEYANoJ. AND R.SAKTHIVELoJ. ta WP(MD)oNos.21554otoo21561oofo2026 29-07-2026 Page7oofo8 Page8 of 8 To

¶1The Divisional Engineer (Highways) Construction and Maintenance Office, Pudukkottai, Pudukkottai District.

¶2The Assistant Divisional Engineer, (Highways), Construction and Maintenance Office, Pudukkottai East, Pudukkottai District.