IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.01.2026 C O R A M THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.No.50690 of 2025 and W.M.P.No.56762 of 2025 S.Balamurugan ... Petitioner -vs-

1.The Chief Engineer, [Highways]

Construction and Maintenance, Fort St. George, Secretariat, Chennai.

2.The Assistant Divisional Engineer, (Highways) O&M, Thiruvallur Sub Division, No.155/17, TN Road, Periakuppam, Thiruvallur. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, quashing and setting aside the Show Cause Notice No.5994/2025/Assistant/ dated 19.11.2025 issued by the respondents insofar as the same relates to the petitioner’s property.

For Petitioner : Mr.G.A.Thiyagarajan For Respondents : Mr.A.Selvendran, Spl. Govt. Pleader

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM,J.,)

Show cause notice issued under Section 28(2) of the Tamil Nadu Highways Act, 2001 by Assistant Divisional Engineer, Highways Department is under challenge in the present Writ proceedings.

2. No Writ against the show cause notice is entertainable, unless such notice has been issued by incompetent Authority. In the present case, Highways Authorities identified the encroachments in the highways property and issued notice to all the encroachers of the highways land.

3. The learned counsel for the petitioner would submit that the petitioner has not encroached upon any highways land and submitted documents to establish that it is a patta land.

4. If so, the Authorities on receipt of documents shall verify the same, if necessary conduct re-survey, ascertain the encroachments in the highways land and thereafter proceed with the enforcement action for removal of encroachment in the Highways land. The explanation submitted by the petitioner may be considered by the Authorities and thereafter a final decision shall be taken to conclude the eviction proceedings in the manner contemplated under the Highways Act.

5. With these observations, this Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

(S.M.S,J.,) (C.K,J.,)

09.01.2026 Index: Yes / No Internet: Yes / No dsa To:

1.The Chief Engineer, [Highways]

Construction and Maintenance, Fort St. George, Secretariat, Chennai.

2.The Assistant Divisional Engineer, (Highways) O&M, Thiruvallur Sub Division, No.155/17, TN Road, Periakuppam, Thiruvallur.

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

dsa

09.01.2026