Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 36815

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. SUBRAMANIAM, K. SURENDER, JJ
K.Ganesan – Appellant
Versus
The District Collector Collectorate Salem, Salem District. – Respondent
W.P.No.37158 of 2025 | W.M.P.Nos.41589 & 41592 of 2025

Advocates:
For the Petitioners: Mr.N.Manokaran
For the Respondents: Mr.T.Arunkumar

Highway authorities must consider petitioner's representation and documents before enforcing removal of identified encroachments under Section 28(2)(ii) of the Highways Act following final notice.

Headnote:(A) Tamil Nadu Highways Act, 2001 - Sections 28 and 28(2)(ii) - Constitution of India - Article 226 - Writ of Certiorarified Mandamus to quash proceedings for removal of encroachments on highway properties and for permission to access property through road margin. (Paras 1, 2)

Facts of the case:
Writ petition challenging final notice under Section 28(2)(ii) issued pursuant to prior court orders, after identification of encroachments during inspection by authorities. Petitioner seeks quashing of notices and directions for grant of right of access to house and patta lands through state highway margin.

Findings of Court:
Petitioner directed to submit representation with documents to authority within two weeks; representation to be considered, final decision taken on identified encroachments, and removal effected if necessary. (Para 2)

Issues: Challenge to validity of notices issued under Section 28 for encroachment removal and refusal of permission for right of access through highway margin.

Ratio Decidendi: Upon issuance of final notice under Section 28(2)(ii), affected party at liberty to submit representation for consideration before authorities proceed to remove identified encroachments. (Paras 1, 2)

Result: Writ petition disposed of with directions; no order as to costs.

Table of Content
1. petition challenges notices denying highway access rights. (Para 1 , 2)

O R D E R

[Made by S.M.SUBRAMANIAM, J., The writ petition has been filed challenging the final notice issued under Section 28(2)(ii) of the Tamil Nadu Highways Act, 2001. Enforcement actions were initiated by the Assistant Divisional Engineer in pursuance of the orders of the High Court dated 06.06.2025 in W.P.No.18421 of 2025.

2. The authorities, during the course of inspection, identified encroachments in the Highways properties. Thus, a notice under Section 28 of the Highways Act was issued. In view of the fact that a final notice has been issued, the petitioner is at liberty to submit his representation along with documents, if any, to the Assistant Divisional Engineer, within a period of two weeks from the date of receipt of a copy of this order. If any such representation is received by the respondents, the same shall be considered and a final decision shall be taken regarding the encroachments already identified and thereafter, the authorities are directed to remove the encroachments, if any, identified.

3. With the above observations, the Writ Petition stands disposed of.

Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs. (S.M.S.,J.) (K.S.,J.)

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2026 Supreme(Online)(Mad) 36815

IN THE HIGH COURT OF JUDICATURE AT MADRASS. M. SUBRAMANIAM, K. SURENDER, JJK.Ganesan – AppellantVersusThe District Collector Collectorate Salem, Salem District. – RespondentW.P.No.37158 of 2025 | W.M.P.Nos.41589 & 41592 of 2025

Highway authorities must consider petitioner's representation and documents before enforcing removal of identified encroachments under Section 28(2)(ii) of the Highways Act following final notice.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. SUBRAMANIAM, K. SURENDER, JJ
K.Ganesan – Appellant
Versus
The District Collector Collectorate Salem, Salem District. – Respondent
W.P.No.37158 of 2025 | W.M.P.Nos.41589 & 41592 of 2025