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.

2026:MHC:1356 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-03-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU WP No. 43357 of 2025 K.Nagaiyan ..Petitioner(s)

Vs

1. The District Collector Collectorate, Ariyalur District

2. The Project Director National Highway Authority Of India No 39 3rd Cross Stateet, Kalyanasundaram Nagar, Karamandapam Trichy 620 001 3. Assistant Divisional Engineer O/o Assistant Divisional Engineer, The National Highway Authroity Of India, Ariyalur District ..Respondent(s)

Writ Petition filed under Article 226 of the Constitution of India issuing writ of mandamus directing the respondents to take appropriate action on the representation of the petitioner dated 28.04.2025 in respect of removal of unauthorized hut temple and stone erected inside, opposite to the petitioner’s house, on the National Highways in Jayankondam to Trichy (NH -81) at Jayankonam, as per order of the Hon’ble Supreme Court made in SLP (C) No 8519/ 2006 dated 29.09.2009 and 31.08.2018 and As per Sub Section (7) of Section 26 and 27 of the Control of National Highway (Land and Traffic)

Act 2002.

For Petitioner(s): Mr.R.Singaravelan Senior Counsel for Mr.V.Ravikumar For Respondent(s): Mr.T.Arunkumar Additional Government Pleader for R1 No appearance for R2& 3

ORDER

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

Writ of mandamus has been instituted to direct the respondents to take appropriate action on the representation of the petitioner dated 28.04.2025 in respect of removal of unauthorized hut temple and stone erected inside, opposite to the petitioner’s house, on the National Highways in Jayankondam to Trichy (NH -81) at Jayankonam, as per order of the Hon’ble Supreme Court made in SLP (C) No 8519/ 2006 dated 29.09.2009 and 31.08.2018 and As per Sub Section (7) of Section 26 and 27 of the Control of National Highway (Land and Traffic) Act 2002.

2. With respect to the relief sought for in the present writ petition, the Assistant Divisional Engineer, National Highways Authority of India/3rd respondent conducted an inspection and surveyed the land, and identified encroachment. Paragraph No.6 of the status report filed by the 3^rd respondent is extracted hereinunder, “6. I state that the 1^st respondent by a letter dated 19.11.2025 had directed this respondent to give a report with regard to the representation of the writ petitioner, thereafter this respondent by a letter in Ka.No.11/case/2025/A dated 24.11.2024 had requested the Thasildar, Udayarpalayam to Survey the land which is abutting the boundaries of National Highways and file a report in this regard. I state that even though the state highways is the competent authority since the petitioner gave the representation to remove the encroachment prior to taken over by State Highways department, this respondent has requested the Thasildar, Udayarpalayam to survey the property. Once, the survey is done it is for the Construction and Maintenance Wing of State Highways Department to take appropriate action.”

3. In view of the status report filed by the 3^rd respondent, all further enforcement actions are to be initiated and to be concluded by following the procedure as contemplated under the statutes and rules. Encroachments are directed to be removed within a period of 12 weeks from the date of receipt of a copy of this order.

4. With the above direction, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.