Madras High Court
WP/42233/2026 of Kumudha Devi Vs The District collector on 15 October 2026
WP No. 42233 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 42233 of 2026
CNR: {HCMA012231032026}
Kumudha Devi
..Petitioner(s)
Vs
1. The District collector
District Collectorate,
Cuddalore District
2. The Divisional Engineer
Highways Department,
Chidambaram Division,
Cuddalore District
3. The Assistant Divisional Engineer
Highways Department,
Chidambaram Division,
Cuddalore District
4. The Revenue Divisional officer
office of Revenue Divisional officer,
Chidambaram,
Cuddalore District
5. The Tahsildar
Chidambaram Taluk office,
Cuddalore District
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India issuing writ of certiorari calling for the records pertaining to
WP No. 42233 of 2026
Impugned proceedings in Ku. No 39 / 2026 / U dated 31.08.226 issued by the 3rd respondent and quash the same as illegal.
For Petitioner(s):
Mr.J.Loggeshwaran
For Respondent(s):
K.Surender
Special Government Pleader for R 1-5
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ORDER
(Order of the Court was made by S.M.Subramaniam J.) The present writ petition has been instituted challenging the show cause notice dated 31.08.2026 issued under Section 28(2)(II) of the Tamil Nadu Highways Act.
2. In pursuance to the orders passed in W.P. No.10391 of 2026 dated 18.03.2026, Highways authorities conducted survey and identified encroachments in the Highways property. Thus, a show cause notice came to be issued under Section 28 of the Act.
3. No writ against show-cause notice is maintainable, unless such notice has been issued by an incompetent authority having no jurisdiction or tainted with allegation of malafide. Therefore, the noticee on receipt of show cause notice is expected to submit his explanation along with the documents, if any, to be considered by the competent authorities. Thereafter, the competent authorities shall take a final
WP No. 42233 of 2026
decision and proceed with the enforcement action to remove the encroachments.
4. In the present case, Highways authorities identified encroachments and issued show cause notice. Thus, petitioner is at liberty to submit his explanation along with documents, if any, to the respondent within a period of ten days from the date of receipt of a copy of this order. On receipt of any such representation, the same may be considered and thereafter final decision shall be taken by the authorities and they may proceed with the enforcement action for removal of encroachments in the Highways property. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of copy of this order.
5. With the above directions, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (R.R.V.,J.) 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD
WP No. 42233 of 2026
To
1. The District collector District Collectorate, Cuddalore District
2. The Disvisional Engineer Highways Department, Chidambaram Division, Cuddalore District
3. The Assistant Divisional Engineer Highways Department, Chidambaram Division, Cuddalore District
4. The revenue Divisional officer office of Revenue Divisional officer, Chidambaram, Cuddalore District
5. The Tahsildar Chidambaram Taluk office, Cuddalore District
WP No. 42233 of 2026
S.M.SUBRAMANIAM, J. AND R.RAJESH VIVEKANANTHAN, J. GD WP No. 42233 of 2026 15-10-2026