Madras High Court
Nallathambi vs The District Collector on 23 February, 2026
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
2026:MHC:805
W.P.No.7174 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2026
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
W.P.No.7174 of 2026
and
W.M.P.Nos.7782, 7784 & 7787 of 2026
Nallathambi ... Petitioner
-vs-
1.The District Collector,
Namakkal District,
Namakkal.
2.The Revenue Divisional Officer,
Rasipuram,
Namakkal District.
3.The Tahsildar,
Rasipuram,
Namakkal District.
4.The Assistant Divisional Engineer,
Highways (Building and Maintenance) Development,
Rasipuram Division,
Namakkal District.
5.The Assistant Engineer,
Highways (Building and Maintenance) Development,
Rasipuram,
Namakkal District.
6.Sudhesh ... Respondents
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W.P.No.7174 of 2026
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to
praying to issue a Writ of Certiorarified Mandamus, to call for the records of
impugned proceedings in Ku.No.48/Encroachment/2026/Asst.Eng. dated
10.02.2026 issued by 3rd respondent and quash the same and
consequently to direct the respondents not to disturb the petitioner to
continue the worship of the temple namely Nallathangal Swamy temple
situated at the road side of Malliyakarai to Rasipuram Road (Attur Main
Road) in S.No.203, Seerapalli Village, Rasipuram Taluk, Namakkal District
considering that the temple is belief of 80 Adi dravidar family as
‘Kulathaivam’.
For Petitioner : Mr.R.Giridharan
For Respondents : Mr.D.Ravichander,
Spl. Govt. Pleader for R1 to R5
*****
ORDER
(Order of the Court was made by C.KUMARAPPAN,J.,) The present Writ Petition has been filed challenging the impugned notice issued under Section 28(2)(ii) of the Tamil Nadu Highways Act, 2001.
2. It is the well settled principle of law that Writ Petition against issuance of notice is not maintainable, unless such issuance of notice is by 2/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/02/2026 03:17:23 pm ) W.P.No.7174 of 2026 incompetent person. In the present case on hand, the notice was not issued by incompetent person. In such view of the matter, we do not find any merit to entertain the present Writ Petition. However, the petitioner is granted liberty to give his reply to the above notice. On receipt of such reply, the Authorities are directed to consider the same in accordance with law.
3. With the above directions, this Writ Petitions stands dismissed.
No costs. Consequently, the connected miscellaneous petitions are closed.
(S.M.S,J.,) (C.K,J.,)
23.02.2026
Index: Yes / No
Internet: Yes / No
dsa
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W.P.No.7174 of 2026
To:
1.The District Collector,
Namakkal District,
Namakkal.
2.The Revenue Divisional Officer, Rasipuram, Namakkal District.
3.The Tahsildar, Rasipuram, Namakkal District.
4.The Assistant Divisional Engineer, Highways (Building and Maintenance) Development, Rasipuram Division, Namakkal District.
5.The Assistant Engineer, Highways (Building and Maintenance) Development, Rasipuram, Namakkal District.
4/5https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/02/2026 03:17:23 pm ) W.P.No.7174 of 2026 S.M.SUBRAMANIAM, J.
AND C.KUMARAPPAN, J.
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