BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2025 CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.(MD)No.34227 of 2025 Murugesan ... Petitioner Vs.

1.The District Collector, Collectorate, Pudukkottai.

2.The Divisional Engineer (Highway Department), Construction and Maintenance Division, Pudukkottai.

3.The Assistant Divisional Engineer (Highway Department), Construction and Maintenance Division, Thirumayam, Pudukkottai District.

4.The Tahsildar, Ponnamaravathy, Pudukkottai District.

5.Vignanam @ Adaikkan

6.The Inspector of Police, Ponnamaravathi Circle, Karayur Police Station, Pudhukottai District. ... Respondents (R – 6 is suo motu impleaded vide order dated 26.11.2025 in W.P(MD)No.34227 of 2025)

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2^nd and 3^rd respondents to remove the encroachment made by the 5^th respondent at S.No.518 in K.M 7/4 @ the Major District Road Arasamalai - Palakurichi Road (MD 827 A) as per the survey report given by the 4^th respondent in her Na.Ka.

3763/2025/A2 dated 07.08.2025.

For Petitioner : Mr.K.C.Maniyarasu For Respondents : Mr.S.P.Maharajan (R1 to R4)

Special Government Pleader : Mr.P.Kottaichamy (R6)

Government Advocate

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.)

This Writ Petition is filed by one Murugesan seeking a Mandamus directing R2 & R3 to remove encroachments alleged to have been caused by R5 in S.No.518 in K.M 7/4 @ the Major District Road Arasamalai - Palakurichi Road (MD 827 A) ('property'/'property in question').

2.Mr.Maniyarasu, learned counsel appearing for petitioner, draws attention to a report submitted by R4/the Tahsildar, Ponnamaravathy, Pudukkottai District on the basis of which encroachment by R5 has been detected.

3.Mr.Maharajan, who appears for R1 to R4, is in possession of necessary facts and instructions in advance, to enable us to dispose this Writ Petition even at the stage of admission.

4.Hence, by consent, this order is passed disposing the Writ Petition even at the stage of admission.

5.Under letter No.504/2025/JDO, dated 26.11.2025, the Assistant Divisional Engineer (H), Construction and Maintenance, Thirumayam, has set out the history of the action taken for eviction of various encroachments detected, as follows:

'For the reference cited above 1 submit the action taken report for the eviction of encroachment as follows, 1. The Tashildar of Ponnamaravathy sent Form-1 mentioning the survey number village area of encroachment. Name of encroacher and nature of encroachment to this office on 07.08.2025 received in this office on 19.08.2025.

2. A show cause notice was served to the encroacher Mr. Vinganam (or) Adaikkan, S/o. Adaikkan on 25.08.2025 and also asked him to raise objection is any.

3. He refused to receive the show cause notice. Hence it was pasted in his building in the presence of VAO Kariyur and a photo was taken.

4. As no, objection was raised by the encroacher Mr. Vinganam final order was given to encroacher on 12.09.2025 to vacate the highways land.

5. The encroacher refused to receive the final order also. Hence it was pasted in his building in the presence of VAO Karaiyur.

6. Meantime on 19.09.2025 a lawyer notice was received in this office stated that the report of Tahsildar Ponnamaravathy is incorrect.

7. A reply to the lawyer notice was sent to the encroacher Mr. Vinganam to approach Tahsildar Ponnamaravathy for any clarification and also asked Mr. Vinganam to report the same to this office. 8. The reply was sent to the encroacher by registered post on 25.9.2025. The same was returned to this office as he refused to receive the reply.

9. Finally police protection was sought to evict the encroachment and a letter was sent to the inspector Karaiyur on 25.10.2025.

10. Till now the inspector has not given date and time to remove the encroachment.

11. As soon as we get police protection encroachment will be evicted.'

6.Hence, we t