The court held that before removing an alleged encroachment on highway land, the authorities must conduct a survey in the presence of the occupant and verify title documents to ensure due process of law.

PRAYER :

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings of the 3rd respondent in Na Ka.No.21/2026 dated 20.07.2026, issued under Section 28(2)(1) of the Tamil Nadu Highways Act, 2001, quash the same as being arbitrary, illegal and violative of the principles of natural justice, and consequently direct the respondents not to evict the petitioner from the subject premises except by following the due process of law and after properly considering the petitioners objections and relevant documents.

For Petitioner : Mr.R.Rajasekaran

For Respondents : Ms.J.Saranya (R1 to R3) Government Advocate

O R D E R

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

This Writ Petition has been filed challenging the notice issued under Section 8(2)(1) of the Tamil Nadu Highways Act, 2001 and for a consequential direction to the respondents not to evict the petitioner from the subject premises except by following due process of law and after duly considering the petitioner's objections and the relevant documents.

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 petitioner would submit that the petitioner is in occupation of the land comprised in Survey No.150/2. The petitioner had earlier approached this Court by filing W.P.(MD) No.2485 of 2026. This Court, by order dated 13.03.2026, issued a direction to the respondents to remove the encroachment, if any, made in the said land. Pursuant to which, the present impugned notice came to be issued on the petitioner. Aggrieved by the same, the present writ petition has been filed.

4.The learned counsel appearing for the petitioner would further submit that, pursuant to the aforesaid order, the petitioner has approached the respondents seeking survey of the property. However, the same has not been carried out so far. Therefore, he would submit that a direction may be issued to the respondents to survey the property in the presence of the petitioner, after verifying the title documents produced by the petitioner and, thereafter, if it is found that the petitioner is in occupation of Highways land, to take appropriate action for eviction in accordance with law.

5. Considering the facts and circumstances of the case, there shall be a direction to the respondents to survey the property comprised in Survey No. 150/2, in the presence of the petitioner, after perusing and verifying the title documents produced by the petitioner. If, upon such survey, it is found that the petitioner is in occupation of any Highways land, the respondents shall take appropriate action for removal of the encroachment, in accordance with law, after affording due opportunity to the petitioner. The above exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.