SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 41622

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. Victoria Gowri, N. Senthilkumar, JJ
Chinnapillai – Appellant
Versus
The District Collector Salem District – Respondent
WP No. 19293 of 2026 and WMP No.20550 of 2026



Advocates:
For the Appellants/Petitioners: Mr. R.Marudhachalamurthy
For the Respondents:Mr.L.S.M.Hasan fizal, Government Advocate

Court allows limited time for eviction when petitioners' representations under Tamil Nadu Highways Act remain unconsidered.

Headnote:First Paragraph: The petitioners sought a writ of mandamus under Article 226 of the Constitution of India directing the respondents to grant six months’ time to vacate their dwelling houses following an eviction notice issued under the Tamil Nadu Highways Act, 2001. The Court found that similar petitions had been granted three months’ relaxation and observed the necessity to balance public interest in highway development with the petitioners’ need for an alternative place of residence. Second Paragraph: The issue was whether directions for delayed eviction could be made in favour of the petitioners who had sought time to vacate their houses located on highway land. The Court reasoned that granting limited time mitigated hardship without defeating the statutory objective of highway widening, keeping in view earlier orders on similar facts. Last Paragraph: The writ petition is disposed of with directions that the petitioners vacate and hand over their dwelling houses to the respondents within three months, failing which the respondents are to evict them forthwith, without granting any further time.

Table of Content
1. petitioners seek time to vacate highway land under eviction notice. (Para 1 , 2)
2. counsel cites prior orders granting relaxation; respondents take notice. (Para 3 , 4)
3. three months granted to vacate or face immediate eviction. (Para 5 , 6)

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking issuance of writ of mandamus, directing the respondents 2 and 3 to grant six months time to vacate and handover petitioners dwelling house so as to enable them to identify and shift to an alternate dwelling house by considering petitioner representation dated 09.05.2026. For Petitioner(s): Mr. R.Marudhachalamurthy For Respondent(s): Mr.L.S.M.Hasan fizal, Government Advocate

ORDER

(Order of the Court was made by L.Victoria Gowri J.)

This writ petition has been filed seeking direction to the respondents 2 and 3 to grant six months time to vacate and handover petitioners dwelling house so as to enable them to identify and shift to an alternate dwelling house by considering the petitioners’ representation dated 09.05.2026.

2. According to the petitioners, the 3rd respondent issued an eviction notice under the Tamil Nadu Highways Act, 2001 to the petitioners to vacate their dwelling houses and though the petitioners made representations dated 09.05.2006 to the respondents 2 and 3, requesting six (6) months time to vacate their dwelling house, the same have not been considered.

3. The learned counsel appearing for the petitioners would submit that in similar matters in W.P.Nos.17162, 17166 and 17176 of 2026, this court, by order dated 29.04.2006, granted three months time to the petitioners therein to vacate the properties and hand over the same to the Highways Department. Therefore, the learned counsel requests that the prayer of the petitioners may be considered in similar manner.

4. Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader takes notice for the respondents.

5. Considering the facts and circumstances of the case, the petitioners are directed to vacate and hand over their dwelling house to the respondents concerned, within a period of three months from today, failing which the respondents 2 and 3 are directed to evict the petitioners forthwith, without granting any further time and take possession of the Highways properties.

6. With the above directions, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top