Madras High Court
WP(MD)/15646/2026 of Nijendran Vs The District Collector on 15 October 2026
WP(MD) No. 15646 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 15646 of 2026
CNR:{HCMD010734322026} &
W.M.P.(MD)No.11734 of 2026
Nijendran
S/o.Markandan,
Oyyandapatti Village,
Ayyanarkulam Post,
Usilampatty Taluk,
Madurai District 625537.
..Petitioner(s)
Vs
1. The District Collector
Madurai District,
Madurai.
2. The Revenue Divisional Officer
Usilampatty Taluk,
Madurai District.
3. The Divisional Engineer/Monitoring Authority Highways Department, (Construction and Maintenance Wing), Alagar Kovil Main Road, Thamarai Thotti, Madurai District.
4. The Assistant Divisional Engineer
Highways Department,
(Construction and Maintenance Wing),
Usilampatty Taluk,
Madurai District.
WP(MD) No. 15646 of 2026
5. The Tahsildhar
Usilampatty Taluk Office,
Usilampatty,
Madurai District.
6. Lakshmi
W/o.Ammavasai,
Oyyandapatti Village,
Ayyanarkulam Post,
Usilampatty Taluk,
Madurai District 625537.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to remove the encroachment made by the 6th Respondent in the Public road in Survey No.165/1A situating in Ayyanarkulam Village, Usilampatti Taluk, Madurai District considering the petitioners representation dated 18.08.2025 within the time limit that may be stipulated by this Honble High Court and to pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.
For Petitioner(s):
M/s S.Vidhya Sagar
For Respondent(s):
Mrs.K.R.Shivashankari
Additional Government Pleader
for R1 to R5
: Mr.D.Malaichamy
for R6
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ORDER
(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.
WP(MD) No. 15646 of 2026
2. The writ petitioner is a resident of Oyyandapatti Village. He alleges that there are encroachments in S.No.165/1A. He points accusing fingers at the sixth respondent. It is conceded by both parties that S.No.165/1A has been classified as “Panchayat Union Road”. There cannot be any encroachment in a road. If there is any encroachment, it has to be necessarily removed by adhering to due process of law.
3. The learned counsel for R6 states that there is no physical encroachment of the road as such. According to him, the sixth respondent has only committed an aerial projection. Of-course, such projections can be allowed with the leave and license of the local body.
4. We grant leave to the sixth respondent to move the competent authority and obtain such license. If within three months from the date of receipt of a copy of this order, the sixth respondent is unable to obtain any such license, the aerial projection also has to be removed. Pendency of the civil suit instituted by the sixth respondent will not come in the way of the authority from considering the application for grant of license.
WP(MD) No. 15646 of 2026
5. The Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S.,J.) (M.D.S.,J.) 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rmi To
1. The District Collector Madurai District, Madurai.
2. The Revenue Divisional Officer Usilampatty Taluk, Madurai District.
3. The Divisional Engineer/Monitoring Authority Highways Department, (Construction and Maintenance Wing), Alagar Kovil Main Road, Thamarai Thotti, Madurai District.
4. The Assistant Divisional Engineer Highways Department, (Construction and Maintenance Wing), Usilampatty Taluk, Madurai District.
5. The Tahsildhar Usilampatty Taluk Office, Usilampatty, Madurai District.
WP(MD) No. 15646 of 2026 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. rmi WP(MD) No. 15646 of 2026 15-10-2026