Madras High Court
Mr.V.Thiyagarajan Chettiar vs The Tamil Nadu State Highways ... on 5 June, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.Nos.27243 to 27245 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.Nos.27243 to 27245 of 2014
and
M.P.Nos.1 of 2014 (3MPs) 1 of 2015 (3MPs)
1.Mr.V.Thiyagarajan Chettiar ... Petitioner
W.P.No.27243 of 2014
2.T.Ammaiappan ... Petitioner
W.P.No.27244 of 2014
3.Mrs.A.Gomathi ... Petitioner
W.P.No.27245 of 2014
Vs.
1.The Tamil Nadu State Highways Department
Rep. by Competent Authority
Villupuram, Villupuram District.
2.The Assistant Divisional Engineer
Tamil Nadu State Highways Department
Gingee.
3.The Assistant Engineer
Tamil Nadu State Highways
(Building & Maintenance) Department
Valathi, Gingee Taluk
Villupuram District.
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W.P.Nos.27243 to 27245 of 2014
4.The Deputy Superintendent of Police
Gingee.
5.The Tahsildar
Gingee, Villupuram District.
6.General Public of Gingee rep. by
V.Sakthirajan, Advocate
S/o. Veerasamy, Vasudevan Street
Periyaagram, Gingee.
7.S.Baskariah
8.The Sheristradar
The Principal District Munsif Court,
Gingee. ... Respondents
in 3WPs
Prayer in W.P.No.27243 of 2014: Writ Petition filed under Article 226 of
the Constitution of India for issuance of a Writ of Mandamus, forbearing the
respondents from any manner interfering and fixing the boundaries of state
highways bearing Survey No.19, Sankarapuram Village without measuring
the properties of the petitioner comprised in Survey Nos.4/15 situated at
Krishnapuram Village, Gingee as if he has encroached the State highways
comprised in Survey No.19, Sankarapuram Village, Gingee Taluk, in terms
of the order dated 24.09.2014 made in O.S.No.57 of 2010 on the file of the
Additional District Munsif Court, Gingee.
Prayer in W.P.No.27244 of 2014: Writ Petition filed under Article 226 of
the Constitution of India for issuance of a Writ of Mandamus, forbearing the
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W.P.Nos.27243 to 27245 of 2014
respondents from any manner interfering and fixing the boundaries of state
highways bearing Survey No.19, Sankarapuram Village without measuring
the properties of the petitioner comprised in Survey Nos.4/19 situated at
Krishnapuram Village, Gingee as if he has encroached the State highways
comprised in Survey No.19, Sankarapuram Village, Gingee Taluk, in terms
of the order dated 24.09.2014 made in O.S.No.57 of 2010 on the file of the
Additional District Munsif Court, Gingee.
Prayer in W.P.No.27245 of 2014: Writ Petition filed under Article 226 of
the Constitution of India for issuance of a Writ of Mandamus, forbearing the
respondents from any manner interfering and fixing the boundaries of state
highways bearing Survey No.19, Sankarapuram Village without measuring
the properties of the petitioner comprised in Survey Nos.4/22A, 4/21B1 and
4/21B2 situated at Krishnapuram Revenue Village, Gingee bearing Patta
Nos.526 and 199 respectively to an extent of 0.15 1/2 Acres as if she has
encroached the State highways comprised in Survey No.19, Sankarapuram
Village, Gingee Taluk, in terms of the order dated 24.09.2014 made in
O.S.No.57 of 2010 on the file of the Additional District Munsif Court,
Gingee.
For Petitioners : Mr.G.Ethirajulu
(in 3WPs)
For R1 to R5 : Mr.T.Arun Kumar
Additional Government Pleader
(in 3WPs)
For R6 to R8 : No Appearance
(in 3WPs)
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W.P.Nos.27243 to 27245 of 2014
COMMON ORDER
On account of efflux of time, the relief as such sought for requires modification.
2. It is brought to the notice of this Court that an illegality has been committed by the learned Additional District Munsif Court, Gingee during the relevant point of time by appointing an Advocate Commissioner to measure the Highways Road.
3. Under this circumstance, the petitioners were constrained to move these present writ petitions. However, under the provisions of the Tamil Nadu Highways Act, entertaining a suit is expressively barred and therefore, no suit is maintainable. If at all there is an encroachment in the Highways, the competent authorities are empowered to invoke the provisions of the Act for removing the encroachments. Therefore, the manner in which the issues were taken before the Civil Court is improper and if at all any action is required, to be taken it is to be done in the manner known to law.
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4. With these observations, all the Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
05.06.2023 Jeni Index : Yes Speaking order / Non-speaking order Neutral Citation : Yes / No To
1.The Competent Authority The Tamil Nadu State Highways Department Villupuram, Villupuram District.
2.The Assistant Divisional Engineer Tamil Nadu State Highways Department Gingee.
3.The Assistant Engineer Tamil Nadu State Highways (Building & Maintenance) Department Valathi, Gingee Taluk, Villupuram District.
4.The Deputy Superintendent of Police Gingee.
5.The Tahsildar Gingee, Villupuram District.
6.The Sheristradar The Principal District Munsif Court, Gingee.
Page 5 of 6https://www.mhc.tn.gov.in/judis W.P.Nos.27243 to 27245 of 2014 S.M.SUBRAMANIAM, J.
Jeni W.P.Nos.27243 to 27245 of 2014 05.06.2023 Page 6 of 6 https://www.mhc.tn.gov.in/judis