WP/13278/2025 of S.MURUGANANDHAM Vs THE HIGHWAYS AND ADMINISTRATIVE OFFICER
2026:MHC:1673
WP No. 13278 of 2025
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-04-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE K. SURENDER
WP No. 13278 of 2025
and
WMP No. 14860 of 2025
S.Muruganandham
S/o R. Sudarapandian, No 19/20, Thiruvi Ka
Street Kannadapalayam Puzhal Tiruvallur 600
066
..Petitioner(s)
Vs
1. The Highways And Administrative Officer
Authorised National Highways Authority Of
India, Project Implementation Unit Chennai I,
5th Floor, CMRL Building, Poonamallee High
Road, Koyambedu,
Chennai 600 107
2. The Project Director
Project Implementation Unit Chennai I,
5th Floor, CMRL Building,
Poonamallee High Road, Koyambedu,
Chenani 600 107
3. The Tahsildar
Madhavaram Tahsildar Office, Gandhi Main
Road, Puzhal, Chennai 600 066
4. The Assistant Commissioner Of Police,
Puzhal Range, Puzhal, Chennai 600 066
5. The Inspector Of Police Puzhal,
Nh 16, New Central Jail, Puzhal,
Chennai 66
..Respondent(s)
https://www.mhc.tn.gov.in/judis
WP No. 13278 of 2025
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Call for the records relating to the proceedings issued by the 1st
respondent vide NHI / 11021 / 2024 PIU, chennai 1 / 474, dated 02.04.2025
and quash the same is illegal, non-est and arbitrary in law and consequently,
forbear the respondents from any manner interfering with petitioners peaceful
possession and enjoyment of property comprised in S.No 448, situated in
Puzhal Village, Ambattur Taluk, Tiruvallur Distrct, measuring to an extent of
2194 sq.ft andpass
WP No. 13278 of 2025
For Petitioner(s): Mr.S.Mohamed Uduman
For Respondent(s): Mrs.S.R.Sumathy
Standing Counsel for R1 & R2
Mr.T.Arun Kumar,Addl.G.P. for R3 & R4
Mr.Babu Muthu Meeran
Addl.P.P. for R5
Order
(Order of the Court was made by S.M.Subramaniam J.)
The proceedings of the National Highways Authority of India dated
02.04.2024 asking the petitioner to vacate the encroached portion of the
National Highways land is under challenge in the present writ proceedings.
2. Learned counsel for the petitioner would vociferously contend that
the petitioner is the owner of the subject property. The National Highways
Authority has no jurisdiction to pass an order asking the petitioner to vacate
the premises since the land has been classified as “Grama Natham”. Even the
State Government has no authority to claim grama natham land. Therefore,
the National Highways Authority cannot claim ownership in respect of grama
natham lands. Thus, the order impugned has been passed without jurisdiction.
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WP No. 13278 of 2025
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3. The learned Standing Counsel appearing for the National Highways
Authority of India would oppose by stating that the declaration was filed under
Section 3A of the National Highways Act,1956. Once a declaration is made,
the land absolutely vests with the National Highways Authority of India. The
said proceeding remains unchallenged. Thus, the authorities has rightfully
issued eviction notice to the petitioner asking him to vacate the encroached
portion of the land, failing which, further enforcement action will be initiated to
evict the petitioner from the Highways property.
4. The learned Additional Government Pleader would also support the
case of the National Highways Authority by stating that the revenue authorities
of the State Government conducted inspection and identified that the land
belongs to Highways Authority. The Tahsildar, Madhavaram, addressed a
letter to the Project Director & DGM(T), on 05.03.2025 stating that
demarcation work was carried out by the Sub Inspector of Survey of Puzhal
village in the presence of the representatives of National Highway Authority of
India on 04.03.2025 and the encroachments area of NHAI land in
Gramanatham Survey No.448(New No.842) of Puzhal village, Madhavaram
Taluk, Chennai District.
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WP No. 13278 of 2025
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5. In respect of the lands classified as ‘grama natham’, the Government
is empowered to regulate the same in terms of RSO 21. Grama natham lands
are to be utilised for public purposes or to be allotted to landless poor persons
for construction of dwelling houses. In this regard, an eligible person has to
submit an application seeking assignment in terms of the Revenue Standing
Orders. Encroachments, if any made, in grama natham lands, the competent
authorities are empowered to evict the encroachers by invoking the provisions
of the Tamil Nadu Land Encroachments Act, 1905, in view of RSO 26. It is not
as if any person can occupy the grama natham lands and claim ownership
which will result in lawlessness.
6. In the present case, it is brought to the notice of this Court that the
petitioner is running a commercial shop in grama natham land which is
impermissible in view of the condition stipulated in Revenue Standing Order.
More so, the particular portion of the land was already handed over to
National Highways Authority of India by the State Government for Highways
widening project and a declaration was made under the National Highways
Act.
7. That being the factum, the petitioner has not established even a
semblance of legal right and if at all, he claims ownership or title it is to be
established in the manner known to law. In the present case, the petitioner
himself admitted that the land was not assigned in his favour by the competent
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WP No. 13278 of 2025
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authority of the Government. That apart, the said portion of the land has been
handed over to the National Highways for highways widening project. Under
these circumstances, the authorities competent are empowered to remove the
encroachers and utilise the land to implement widening project in public
interest. The said exercise is directed to be completed within a period of
twelve weeks from the date of receipt of a copy of this order.
8. With the above direction, the Writ Petition is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
(S.M.S.,J.) (K.S.,J.)
28-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
VSI
To
1. The Highways And Administrative Officer
Authorised National Highways Authority Of
India, Project Implementation Unit Chennai I,
5th Floor, Cmrl Building, Poonamallee High
Road, Koyambedu, Chennai 600 107.
2. The Project Director
Project Implementation Unit Chennai I 5th
Floor, Cmrl Building, Poonamallee High
Road, Koyambedu, Chenani 600 107
3. The Tahsildar
Madhavaram Tahsildar Office, Gandhi Main
Road, Puzhal, Chennai 600 066
https://www.mhc.tn.gov.in/judis
WP No. 13278 of 2025
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4. The Assistant Commissioner Of Police,
Puzhal Range, Puzhal, Chennai 600 066
5. The Inspector Of Police, Puzhal,
NH 16, New Central Jail, Puzhal, Chennai 66
https://www.mhc.tn.gov.in/judis
WP No. 13278 of 2025
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S.M.SUBRAMANIAM J.
AND
K.SURENDER J.
vsi
WP No. 13278 of 2025
and
WMP No. 14860 of 2025
28-04-2026
https://www.mhc.tn.gov.in/judis