B.Devasenapathi v. The District Collector

ORDER (made by M. SUNDAR, J.) There were two earlier listings of the captioned 'writ petition' [hereinafter 'WP' for the sake of brevity], one on 02.06.2025, another on

16.06.2025 and the proceedings/orders made on these two listings are as follows: Proceedings made on 02.06.2025: 'W.P.No.16813 of 2025

M. SUNDAR, J.

HEMANT CHANDANGOUDAR, J. ORDER (made by M. SUNDAR, J.) Subject matter of captioned writ petition is alleged encroachment in N.H. No.66 in Uthangarai Town, Uthangarai Taluk, Krishnagiri District in front of writ petitioner's property comprised in S.No.27/2D2, Door No.52, Pazhaya Kadai Veedhi, Uthangarai Town, Uthangarai Taluk, Krishnagiri District.

¶2Learned counsel for writ petitioner draws our attention to a notice dated 13.08.2020 bearing reference NHAI/PIU/VPM/NH66/VI-A/2020/1239 issued by R2 [Project Director, National Highways Authority of India (NHAI)] to R3 (Muniyappan). Learned counsel submits that there is abject inaction qua aforereferred notice and that has necessitated the captioned writ petition.

¶3To be noted, a scanned reproduction of aforereferred notice dated 13.08.2020 is as under:

¶4Issue notice to official respondents for the present.

¶5Mr.T.K. Saravanan, learned Additional Government Pleader, accepts notice for R1 and Ms. S.R. Sumathy, learned Standing Counsel, accepts notice for R2.

¶6Learned Standing Counsel for R2 requests for time to ascertain if the aforereferred land still vests with NHAI or if it has now become part of State Highways.

¶7Request acceded to.

¶8List under the cause list caption 'NOTICE REGARDING ADMISSION' a fortnight hence but in the Admission Board.

¶9List on 16.06.2025. (M.S., J.) (H.C., J.)

02.06.2025' Proceedings made on 16.06.2025: 'W.P.No.16813 of 2025

M.SUNDAR, J.

HEMANT CHANDANGOUDAR, J. (Order of the Court was made by M.SUNDAR, J.) Adverting to earlier proceedings dated 02.06.2025, more particularly paragraph 6 thereat, Ms.S.R.Sumathy, learned Standing Counsel for R2 requests for further time.

¶2Request acceded to.

¶3List one week hence.

¶4List on 23.06.2025 in the Admission Board, i.e., Motion List. (M.S., J.) (H.C., J.)

16.06.2025'

¶2The aforementioned two proceedings speak for themselves and therefore, we are not dilating any further on the same. Suffice to write that the aforementioned proceedings shall now be read as an integral part and parcel of this order.

¶3Adverting to aforereferred proceedings dated 02.06.2025, more particularly paragraph 6 thereat, Ms. S.R. Sumathy, learned Standing Counsel for R2 (NHAI), submitted that a status report dated 09.06.2025 (status report of R2) has been filed and learned Standing Counsel drew our attention to paragraph 6 thereat which reads as follows: '6. I humbly submit that on the basis of direction of competent authority, NHAI Hqtrs., New Delhi letter dtaed 04.01.2022, NHAI, PIU, Villupuram has handed over the existing Uthangarai Town Road [bypassed sections] including other 5 bypasses and 7 re-alignments in Villupuram and Krishnagiri Districts to the Divisional Engineer [NH], Highways Department, Salem for one time improvement and further maintenance vide this office letter no.11025/NH66/Vol.4/2022/PIU-VPM/53 dt. 19.01.2022.'

¶4Learned Standing Counsel for R2 submits that it is now for the State Highways Department to initiate action under the appropriate statute.

¶5Mr. T.K. Saravanan, learned Additional Government Pleader for R1 (District Collector), submits that it is imperative to implead the Tahsildar, Krishnagiri Taluk, Krishnagiri District and the Assistant Engineer (Highways), Krishnagiri Taluk and District, as respondents in the captioned WP and makes a request in this regard.

¶6We accede to the aforemade request of learned State counsel and accordingly, the Tahsildar, Krishnagiri Taluk, Krishnagiri District and the Assistant Engineer (Highways), Krishnagiri Taluk and District, are now suo motu impleaded as RR 4 and 5 respectively.

¶7Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for newly impleaded respondents, viz., RR 4 and 5, also.

¶8Learned State counsel, submits, on instructions, that a survey will be conducted after putting all concerned on notice, more particularly, writ petitioner, R3 (private respondent) and if encroachment is found, R3 will be show caused vide Section 28(2)(ii) of 'the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002)' [hereinafter 'the TN Highways Act' for the sake of brevity].

¶9Therefore, captioned WP stands vastly descoped and owing to this, with the consent of the aforementioned learned counsel, captioned WP was taken up and heard out. We make it clear that all the rights and contentions of R3 remain preserved if show caused and this order does not impact the rights and contentions of R3 in any manner. In this view of the matter, notice to R3 is dispensed with.

¶10In the light of the narrative thus far, the following order is made: Survey of said lands shall be done within a period of six weeks from today, i.e., on or before 04.08.2025 and depending on the outcome of the survey, action for removal of encroachment (if found) shall be commenced vide the TN Highways Act, as expeditiously as the business of official respondents would permit but in any event within a period of four weeks therefrom, i.e., on or before 15.09.2025.

¶11Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs. (M.S., J.) (R.S.V., J.)

23.06.2025 cad To

¶1The District Collector Krishnagiri District Krishnagiri

¶2The Project Director National Highways Authority of India Project Implementation Unit Door No.26, I Floor VGP Nagar West Vazhuthareddy Post Villupuram 605 401

¶3The Tahsildar Krishnagiri Taluk Krishnagiri District

¶4The Assistant Engineer (Highways) Krishnagiri Taluk and District

M. SUNDAR, J.

R. SAKTHIVEL, J. cad

23.06.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.06.2025 CORAM: THE HON'BLE MR. JUSTICE M. SUNDAR THE HON'BLE MR. JUSTICE R. SAKTHIVEL B. Devasenapathi Petitioner vs. 1. The District Collector Krishnagiri District Krishnagiri 2. The Project Director National Highways Authority of India Project Implementation Unit Door No.26, I Floor VGP Nagar West Vazhuthareddy Post Villupuram 605 401 3. Muniyappan 4. The Tahsildar Krishnagiri Taluk Krishnagiri District 5. The Assistant Engineer (Highways) Krishnagiri Taluk and District Respondents (RR 4 and 5 suo motu impleaded by Court today) Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 and 2 to evict the encroachment as found in National Highways No.66 at Uthangarai Town, Krishnagiri District, in front of the petitioner's building. For petitioner Mr. A. Logesh For RR 1,4 & 5 Mr. T.K. Saravanan Addl. Govt. Pleader For R2 Ms. S.R. Sumathy Standing Counsel - - -