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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-10-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN WP No. 36019 of 2026 CNR:{HCMA012032182026}

R.Nithyakalyani W/o.N.Rajangam, Plot No.82A, B and C 83, Velachery 100 feet road, velachery bypass, chennai 600042.

..Petitioner Vs

1. The Secretary Highways Department, St.George Fort, Chennai 600009.

2. The Chief Engineer Highways Department, C and M Wing, Guindy, Chennai 600025. 3. The Assistant Engineer Highways Department, City road, Saidapet, Chennai 600015.

4. Veerapandi Velachery 100 feet road, Velachery bypass, Chennai 600042.

..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents 1 to 3 herein to remove the encroachment by the 4th respondent and others on the eastern side petitioners property comprised in T.S.No.26/2, Block 21, Velachery taluk at

100 feet Velachery Bypass road, Velachery, Chennai 600042.

For Petitioner(s): Ms.B.A.Nalini for Mr.K.V.Babu For Respondent(s): Mr.K.Surender Special Government Pleader – For R1 to R3

Order

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

Learned Additional Government Pleader, on instructions, would submit that the survey has been conducted and ten commercial establishments were identified in the Highways Road.

2. Such encroachments in the Highways are causing obstruction to free flow of traffic. Thus, it is imminent for the authorities to remove encroachments and ensure free flow of traffic for the benefit of public and the road users. Since the authorities have identified the encroachments, the official respondents are directed to proceed with the enforcement actions by following the procedures as contemplated under the relevant Statutes and Rules in force. It is needless to mention that sufficient opportunity has to be afforded to the encroachers before initiating the enforcement action. The entire exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. With the above direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

(S.M.S.,J.) (R.R.V.,J.)

06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST To

1. The Secretary Highways Department, St.George Fort, Chennai 600009.

2. The Chief Engineer Highways Department, C and M Wing, guindy, Chennai 600025.

3. The Assistant Engineer Highways Department, City road, saidapet, Chennai 600015.

4. Veerapandi velachery 100 feet road, velachery bypass, Chennai 600042.

S.M.SUBRAMANIAM J.

AND R.RAJESH VIVEKANANTHAN J.

KST

06-10-2026