Chinnapillai v. The District Collector

W.P.Nos.13096,e13099,e13112,e13115,e13128e&e13129eofe2026 INeTHEeHIGHeCOURTeOieJUDICATUREeATeMADRAS DATEDe:e15.04.2026 CORAM THEeHON'BLEeMReJUSTICEeS.eM.eSUBRAMANIAM AND THEeHON'BLEeMR.JUSTICEeK.eSURENDER W.P.Nos.13096,e13099,e13112,e13115,e13128e&e13129eofe2026 and W.M.P.Nos.14349,e14351,e14363,e14366,e14384eande14386eofe2026 Chinnapillai W/o.Arjunan ...ePetitioner ineW.P.No.13096eofe2026 Sumathi W/o.Gopal ...ePetitioner ineW.P.No.13099eofe2026 Bakiyam W/o.Ramasamy ...ePetitioner ineW.P.No.13112eofe2026 Padma W/o.Sridharan ...ePetitioner ineW.P.No.13115eofe2026 Asalammal W/o.Venugopal ...ePetitioner ineW.P.No.13128eofe2026 Venkatachalam S/o.eRamagounder ...ePetitioner ineW.P.No.13129eofe2026 PageeNos.1/7 vs.

¶1The District Collector Salem District Salem – 636 001.

¶2The Divisional Engineer Highways Department (C&M) Salem.

¶3The Assistant Divisional Engineer Highways Department (C&M) Sankari Salem District. … Respondents Writ Petition No.13096 of 2026 filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, calling for the records pertaining to the order of the 3rd respondent in Ku.No.Case/2026/U dated 18.03.2026 and quash the same and consequently, issue direction directing the respondents to consider the petitioner's represenation dated 24.03.2026 in accordance with law. Writ Petition No.13099 of 2026 filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, calling for the records pertaining to the order of the 3rd respondent in Ku.No.498/2026/U dated 20.03.2026 and quash the same and consequently, issue direction directing the respondents to consider the petitioner's represenation dated 24.03.2026 in accordance with law. Page Nos.2/7 Writ Petition No.13112 of 2026 filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, calling for the records pertaining to the order of the 3rd respondent in Ku.No.498/2026/U dated 20.03.2026 and quash the same and consequently, issue direction directing the respondents to consider the petitioner's represenation dated 24.03.2026 in accordance with law. Writ Petition No.13115 of 2026 filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, calling for the records pertaining to the order of the 3rd respondent in Ku.No.498/2026/U dated 20.03.2026 and quash the same and consequently, issue direction directing the respondents to consider the petitioner's represenation dated 24.03.2026 in accordance with law. Writ Petition No.13128 of 2026 filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, calling for the records pertaining to the order of the 3rd respondent in Ku.No.498/2026/U dated 20.03.2026 and quash the same and consequently, issue direction directing the respondents to consider the petitioner's represenation dated 24.03.2026 in accordance with law. Writ Petition No.13129 of 2026 filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, calling for the records pertaining to the order of the 3rd respondent in Ku.No.498/2026/U dated 20.03.2026 and quash the same and consequently, issue direction directing the respondents to consider the Page Nos.3/7 petitioner's represenation dated 24.03.2026 in accordance with law. For Petitioner in all WPs : Mr.R.Marudhachalamurthy For Respondents in all WPs : Mr.T.Arun Kumar Additional Government Pleader ***** C O M M O N O R D E R [Made by S.M.SUBRAMANIAM, J.,] The writ petitions have been instituted challenging the final orders passed by the Assistant Divisional Engineer, Highways, Sankari, vide proceedings dated 18.03.2026 and 20.03.2026 respectively. The enforcement actions have been initiated for removal of encroachment on the highways road pursuant to the order of the High Court dated

26.06.2025 in W.P.No.22905 of 2025.

¶2It is brought to the notice of this Court that part of the buildings were demolished in the year 2024 itself. The subject buildings are situated on the State Highways road, not only causing obstruction but also posing danger to the road users as well as to the encroachers. Page Nos.4/7

¶3The learned counsel for the petitioners would submit that the petitioners have already submitted applications to the District Collector for providing alternate accommodation. Submitting the applications before the District Collector seeking alternate accommodation is not a bar for the Highways authorities to remove the encroachments on the highways road under the provisions of the Tamil Nadu Highways Act, 2001. If at all any such applications have been filed by the petitioners, the same shall be considered under the Government Welfare Scheme, if any, in force, considering the fact that the applicants are homeless poor persons and subject to other eligibility criteria stipulated under the Government scheme, which are to be scrupulously followed.

¶4If encroachments on the highways cause obstruction to road traffic as well as pose a danger to road users, under no circumstances can they be permitted by the authorities or by this Court. The present writ petitions are the second round of litigation. The enforcement action was partly completed in the year 2024. Thus, the present writ petitions are not maintainable, since opportunities were already afforded to the writ petitioners. Page Nos.5/7

¶5This being the factum, the petitioners have not established any semblance of legal right for the purpose of considering the relief and consequently, the Writ Petitions stand dismissed. Consequently, connected miscellaneous petitions are closed. No costs. (S.M.S.,J.) (K.S.,J.)

15.04.2026 Index : Yes Speaking order / Non-speaking order mk To

¶1The District Collector Salem District Salem – 636 001.

¶2The Divisional Engineer Highways Department (C&M) Salem.

¶3The Assistant Divisional Engineer Highways Department (C&M) Sankari Salem District. Page Nos.6/7 W.P.Nos.13096,e13099,e13112,e13115,e13128e&e13129eofe2026 S.eM.eSUBRAMANIAM,eJ., and K.eSURENDER,eJ., mk W.P.Nos.13096,e13099,e13112,e13115,e13128e&e13129eofe2026

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