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2026 Supreme(Online)(Mad) 81490
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. Dhandapani, N. Dilip Kumar, JJ
Naveen Mohideen Gaffoorshah – Appellant
Versus
District Collector, Madurai – Respondent
W.P(MD)No.24070 of 2026 | W.P(MD)No.24243 of 2026 | WMP (MD) No.17900 of 2026 | WMP (MD) No.18052 of 2026
For the Appellants/Petitioners: D. Srinivasaraghavan, D. Anbarasu
For the Respondents: G. Mohan Kumar, J. Saranya
The court directed a survey to identify unauthorized occupants on State Highways property and granted a three-month grace period for such occupants to vacate the premises in accordance with the law.
Headnote:(A) Administrative Law - Eviction from Public Land - Requirement of survey and identification of land before eviction to ensure due process. (Para 6)
(B) Tamil Nadu Highways Act, 2001 - Section 28 - Eviction of unauthorized occupants - Granting reasonable time (three months) to vacate premises to balance public interest and individual hardship. (Para 6)
Issues: Whether the eviction notices issued under the Tamil Nadu Highways Act, 2001, were legal and whether the petitioners are entitled to a grace period to vacate.
| Table of Content |
|---|
| 1. challenge to eviction notices based on land classification and request for a grace period based on judicial precedent. (Para 1 , 2 , 3 , 4 , 5) |
| 2. requirement of a formal survey to identify unauthorized occupants and the provision of a reasonable time frame for vacation. (Para 6) |
| 3. final disposal of the writ petitions and associated miscellaneous petitions. (Para 7) |
COMMON PRAYER :
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records pertaining to the impugned order passed by the 4th respondent in Thakkithu Nos. 9/2026/(SH-72A)/EvaA and 10/2026/(SH-72A)/EvaA dated 05.08.2026 and quash the same as illegal.
COMMON ORDER
(Order of the Court was made by M.DHANDAPANI, J.)
These writ petitions have been filed challenging the proceedings dated 05.08.2026 issued by the fourth respondent under Section 28(2)(ii) of the Tamil Nadu Highways Act, 2001.
2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.
3. The learned counsel appearing for the petitioners would submit that the petitioners are in occupation of the lands comprised in Survey Nos. 53/1A11 and 53/1A,1B, which, according to the petitioners, are not classified as Highways land. However, the Highways Authority, without jurisdiction, has invoked the power under Section 28 of the Tamil Nadu Highways Act, 2001, and without providing an opportunity of hearing or issuing a show-cause notice, has straightaway issued an eviction notice to the petitioners. Challenging the same, the present writ petitions have been filed.
4.The learned counsel appearing for the petitioners would further submit that, earlier, one Riyas Aslam had filed W.P.(MD) No.30289 of 2025, seeking a writ of mandamus directing the respondents therein to evict the unauthorised occupants from the Highways property. In the said writ petition, this Court had directed that, if any person was found to be in occupation of the Highways property, such person could be evicted forthwith, however, two months' time was granted to such occupants to vacate the premises.
5.The learned Government Advocate appearing for the respondents has no objection to the aforesaid course being adopted.
6. In view of the above, there shall be a direction to the Revenue Officials as well as the State Highways Officials to conduct a survey of the entire stretch of the subject land of the Tamil Nadu Highways property and identify the persons who are in occupation of the State Highways property. If, upon such survey, any person is found to be in occupation of the State Highways property, the authorities shall take steps to evict such person in accordance with law. However, such occupants shall be permitted to vacate the premises on their own by granting them three months' time for the said purpose.
7. With the above directions, these writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.
