Vadivukarasi v. The Government of Tamilnadu Represented Through Its Principal Secretary

O R D E R [Order of the Court was made by P.VELMURUGAN, J.] Mr.D.Gandhi Raj, learned Special Government Pleader, takes notice for the respondents 1 to 8.

¶2In view of the relief sought for in this writ petition and in view of the direction proposed to be issued, notice to the respondents 9 to 11 is dispensed with.

¶3With the consent of both sides, this writ petition is taken up for final disposal at the admission stage itself.

¶4This writ petition is filed challenging the notice dated

29.04.2026, issued by the fourth respondent, intimating that the encroachment made by the petitioner in the subject land would be removed by

30.04.2026 and also seeking a consequential direction to the first respondent to suspend the action of removal of encroachment till the disposal of the revision petition dated 25.04.2026 filed by the petitioner under Section 55 of the Tamil Nadu Highways Act, 2001.

¶5According to the petitioner, the subject land is a patta land and she has been in continuous possession and enjoyment of the same. However, the respondents, without any authority of law, are attempting to remove the petitioner from the subject land. Hence, this writ petition.

¶6Heard the learned counsel for the petitioner and learned Special Government Pleader appearing for the respondents 1 to 8 and carefully perused the materials on record.

¶7At the outset, it is to be noted that though the petitioner claims that the subject land is a patta land and she has been in continuous possession and enjoyment of the same without any interruption, with regard to the issue involved in the case on hand, already the petitioner has filed a civil suit in O.S.No.84 of 2024, before the District Munsif Court, Pudukkottai, seeking permanent injunction against the eleventh respondent herein and the same is still pending disposal.

¶8Since the dispute involved in this writ petition is with regard to the title over the subject property, no writ petition is maintainable. Therefore, the petitioner has to workout her remedy in the manner known to law in the pending civil suit. Further, is also open to the petitioner to implead the official respondents herein as party respondents in the said suit.

¶9With the above observation and direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

[P.V., J.] [C.K., J.]

06.05.2026 NCC : Index : Internet :

krk To:

1.The Principal Secretary, Highways Department, Government of Tamilnadu, Secretariat, Chennai-600 009.

2.The Commissioner, Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai.

3.The District Collector / Monitoring Committee, Pudukkottai, Pudukkottai District.

4.The Divisional Engineer, Highways, Construction and Maintenance Office, Pudukkottai, Pudukkottai District.

5.The Assistant Divisional Engineer, Highways, Construction and Maintenance Office, Pudukkottai, Pudukkottai District.

6.The District Revenue Officer, Pudukkottai, Pudukkottai District.

7.The Assistant Director of Survey and Land Record, District Collectorate Complex, Pudukottai District.

8.The Tahsildar, Office of Tahsildar, Pudukottai, Pudukottai District. P.VELMURUGAN,-J. AND C.KUMARAPPAN,-J. krk W.P.(MD)-No.14093-of-2026 and W.M.P.(MD)-Nos.10502-&-10503-of-2026

06.05.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.05.2026 CORAM: THE HONOURABLE MR.JUSTICE P.VELMURUGAN and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.(MD) Nos.10502 & 10503 of 2026 Vadivukarasi ... Petitioner -vs- 1.The Government of Tamilnadu rep.through its Principal Secretary Highways Department, Secretariat Chennai-600 009 2.The Commissioner Land Administration Department 2nd Floor, Ezhilagam Chepauk, Chennai 3.The District Collector / Monitoring Committee Pudukkottai, Pudukkottai District 4.The Divisional Engineer Highways, Construction and Maintenance Office Pudukkottai Pudukkottai District 5.The Assistant Divisional Engineer Highways, Construction and Maintenance Office Pudukkottai, Pudukkottai District 6.The District Revenue Officer Pudukkottai, Pudukkottai District 7.The Assistant Director of Survey and Land Record District Collectorate Complex Pudukottai District 8.The Tahsildar Office of Tahsildar Pudukottai, Pudukottai District 9.The Commissioner Pudukkottai Municipality Pudukkottai, Pudukottai District 10.The Town Survey Inspector Pudukottai, Pudukottai District 11.Venkatesan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records of the fourth's respondent's impugned notice memo No.103/2025/Eva.A/ dated 29.04.2026 and quash the same as devoid of merits, consequentially directing the first respondent to suspend the same under Section 55(3) of Tamil Nadu Highways Act, 2001 till the disposal of the revision petition dated 25.04.2026 filed under Section 55 of the Tamil Nadu Highways Act, 2001, before the first respondent. For Petitioner : Mr.M.Mohamed Sherbudeen For Respondents : Mr.D.Gandhi Raj Special Government Pleader for R1 to R8