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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN
M. Dilipan S/o Muthaiya – Appellant
Versus
District Collector, Perambalur – Respondent
| Table of Content |
|---|
| 1. unauthorized construction and encroachment issues. (Para 1 , 2 , 5) |
| 2. arguments on the structural integrity of the bridge. (Para 3 , 4) |
| 3. expert report considerations for public safety. (Para 6 , 7) |
| 4. decision on removal of unauthorized construction. (Para 8) |
| 5. final dismissal of the writ petition. (Para 9) |
ORDER :
1. The present writ petition has been instituted challenging the final order dated 16.10.2025, passed by Assistant Divisional Engineer, for eviction from the encroached portion of the Highway property by invoking provisions of Tamil Nadu Highways Act, 2001.
2. During inspection, Highway authorities found that petitioner has constructed reinforced concrete slab, which would affect the bridge situate in the main road. Action was initiated and an order was passed by Assistant Divisional Engineer in Proceedings, dated 04.08.2025. The said order came to be challenged by the petitioner in W.P.No.31006 of 2025. The Division Bench passed final orders on 18.08.2025, directing the authorities to consider the representation submitted by the writ petitioner on 28.07.2025 by District Collector. Pursuant to the directions, District Collector considered and rejected the
Unauthorized construction violating public safety regulations necessitates removal under the Tamil Nadu Highways Act, highlighting the requirement for prior permissions for any encroaching structures....
Court upheld a community sanitation complex project's legality over a land dispute, emphasizing public interest and rejecting the plaintiff's claims of obstruction.
The authority must consider representations regarding construction affecting licensed outlets, ensuring due process before decisions.
Authorities must mandatorily consider timely representations under Section 28 proviso before issuing final encroachment removal orders.
Public properties such as footpaths, streets, and pavements are intended for the convenience of the general public and cannot be used for private purposes. The competent authority has a duty to promp....
Court emphasized the need for compliance with the Control of National Highway (Land and Traffic) Act for the removal of unauthorized encroachments and set a timeframe for action.
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