WP/13096/2026 of CHINNAPILLAI Vs THE DISTRICT COLLECTOR

W.P.Nos.13096, 13099, 13112, 13115, 13128 & 13129 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.04.2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER W.P.Nos.13096, 13099, 13112, 13115, 13128 & 13129 of 2026 and W.M.P.Nos.14349, 14351, 14363, 14366, 14384 and 14386 of 2026 Chinnapillai W/o.Arjunan ... Petitioner in W.P.No.13096 of 2026 Sumathi W/o.Gopal ... Petitioner in W.P.No.13099 of 2026 Bakiyam W/o.Ramasamy ... Petitioner in W.P.No.13112 of 2026 Padma W/o.Sridharan ... Petitioner in W.P.No.13115 of 2026 Asalammal W/o.Venugopal ... Petitioner in W.P.No.13128 of 2026 Venkatachalam S/o. Ramagounder ... Petitioner in W.P.No.13129 of 2026 Page Nos.1/7 https://www.mhc.tn.gov.in/judis W.P.Nos.13096, 13099, 13112, 13115, 13128 & 13129 of 2026 vs. 1. The District Collector Salem District Salem – 636 001. 2. The Divisional Engineer Highways Department (C&M) Salem. 3. The Assistant Divisional Engineer Highways Department (C&M) Sankari Salem District. … Respondents Writ Petition No.13096 of 2026 filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Man damus, calling for the records pertaining to the order of the 3rd respondent in Ku.No.Case/2026/U dated 18.03.2026 and quash the same and consequently, issue direction directing the respondents to consider the petitioner's represenation dated 24.03.2026 in accordance with law. Writ Petition No.13099 of 2026 filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Man damus, calling for the records pertaining to the order of the 3rd respondent in Ku.No.498/2026/U dated 20.03.2026 and quash the same and consequently, issue direction directing the respondents to consider the petitioner's represenation dated 24.03.2026 in accordance with law. Page Nos.2/7 https://www.mhc.tn.gov.in/judis W.P.Nos.13096, 13099, 13112, 13115, 13128 & 13129 of 2026 Writ Petition No.13112 of 2026 filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Man damus, calling for the records pertaining to the order of the 3rd respondent in Ku.No.498/2026/U dated 20.03.2026 and quash the same and consequently, issue direction directing the respondents to consider the petitioner's represenation dated 24.03.2026 in accordance with law. Writ Petition No.13115 of 2026 filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Man damus, calling for the records pertaining to the order of the 3rd respondent in Ku.No.498/2026/U dated 20.03.2026 and quash the same and consequently, issue direction directing the respondents to consider the petitioner's represenation dated 24.03.2026 in accordance with law. Writ Petition No.13128 of 2026 filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Man damus, calling for the records pertaining to the order of the 3rd respondent in Ku.No.498/2026/U dated 20.03.2026 and quash the same and consequently, issue direction directing the respondents to consider the petitioner's represenation dated 24.03.2026 in accordance with law. Writ Petition No.13129 of 2026 filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Man damus, calling for the records pertaining to the order of the 3rd respondent in Ku.No.498/2026/U dated 20.03.2026 and quash the same and consequently, issue direction directing the respondents to consider the Page Nos.3/7 https://www.mhc.tn.gov.in/judis W.P.Nos.13096, 13099, 13112, 13115, 13128 & 13129 of 2026 petitioner's represenation dated 24.03.2026 in accordance with law. For Petitioner in all WPs : Mr.R.Marudhachalamurthy For Respondents in all WPs : Mr.T.Arun Kumar Additional Government Pleader ***** C O M M O N O R D E R [Made by S.M.SUBRAMANIAM, J.,] The writ petitions have been instituted challenging the final orders passed by the Assistant Divisional Engineer, Highways, Sankari, vide proceedings dated 18.03.2026 and 20.03.2026 respectively. The enforcement actions have been initiated for removal of encr oachment on the highways road pursuant to the order of the High Court dated 26.06.2025 in W.P.No.22905 of 2025. 2. It is brought to the notice of this Court that part of the buildings were demolished in the year 2024 itself. The subject buildings are situated on the State Highways road, not only causing obstruction but also posing danger to the road users as well as to the encroachers. Page Nos.4/7 https://www.mhc.tn.gov.in/judis W.P.Nos.13096, 13099, 13112, 13115, 13128 & 13129 of 2026 3. The learned counsel for the petitioners would submit th at the petitioners have already submitted applications to the District Collector for providing alternate accommodation. Submitting the applications before the District Collector seeking alternate accommodation is not a bar for the Highways authorities to remove the encroachments on the high ways road under the provisions of the Tamil Nadu Highways Act, 2001. I f at all any such applications have been filed by the petitioners, the same shall be considered under the Government Welfare Scheme, if any, in force, considering the fact that the applicants are homeless poor persons and subject to other eligibility criteria stipulated under the Government scheme, which are to be scrupulously followed. 4. If encroachments on the highways cause obstruction to road traffic as well as pose a danger to road users, under no circumstances can they be permitted by the authorities or by this Court. The present writ petitions are the second round of litigation. The enfor cement action was partly completed in the year 2024. Thus, the present writ petitions are not maintainable, since opportunities were already afforded to the writ petitioners. Page Nos.5/7 https://www.mhc.tn.gov.in/judis W.P.Nos.13096, 13099, 13112, 13115, 13128 & 13129 of 2026 5. This being the factum, the petitioners have not establishe d any semblance of legal right for the purpose of considering the relief and consequently, the Writ Petitions stand dismissed. Consequently, connected miscellaneous petitions are closed. No costs. (S.M.S.,J.) (K.S.,J.) 15.04.2026 Index : Yes Neutral Citation : Yes / No Speaking order / Non-speaking order mk To 1. The District Collector Salem District Salem – 636 001. 2. The Divisional Engineer Highways Department (C&M) Salem. 3. The Assistant Divisional Engineer Highways Department (C&M) Sankari Salem District. Page Nos.6/7 https://www.mhc.tn.gov.in/judis W.P.Nos.13096, 13099, 13112, 13115, 13128 & 13129 of 2026 S. M. SUBRAMANIAM, J., and K. SURENDER, J., mk W.P.Nos.13096, 13099, 13112, 13115, 13128 & 13129 of 2026 15.04.2026 Page Nos.7/7 https://www.mhc.tn.gov.in/judis