Madras High Court

WP/36019/2026 of R.NITHYAKALYANI Vs THE SECRETARY on 6 October 2026

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WP No. 36019 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-10-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN

WP No. 36019 of 2026

CNR:{HCMA012032182026}

R.Nithyakalyani

W/o.N.Rajangam,

Plot No.82A, B and C 83, Velachery 100 feet road, velachery bypass, chennai 600042.

..Petitioner

Vs

1. The Secretary

Highways Department, St.George Fort,

Chennai 600009.

2. The Chief Engineer

Highways Department, C and M Wing,

Guindy, Chennai 600025.

3. The Assistant Engineer

Highways Department, City road, Saidapet, Chennai 600015.

4. Veerapandi

Velachery 100 feet road, Velachery bypass, Chennai 600042.

..Respondents

Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents 1 to 3 herein to remove the encroachment by the 4th respondent and others on the eastern side

WP No. 36019 of 2026

petitioners property comprised in T.S.No.26/2, Block 21, Velachery taluk at 100 feet Velachery Bypass road, Velachery, Chennai 600042.

For Petitioner(s):

Ms.B.A.Nalini

for Mr.K.V.Babu

For Respondent(s):

Mr.K.Surender

Special Government Pleader – For R1 to R3

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Order

(Order of the Court was made by S.M.Subramaniam J.) Learned Additional Government Pleader, on instructions, would submit that the survey has been conducted and ten commercial establishments were identified in the Highways Road.

2. Such encroachments in the Highways are causing obstruction to free flow of traffic. Thus, it is imminent for the authorities to remove encroachments and ensure free flow of traffic for the benefit of public and the road users. Since the authorities have identified the encroachments, the official respondents are directed to proceed with the enforcement actions by following the procedures as contemplated under the relevant Statutes and Rules in force. It is needless to mention that sufficient opportunity has to be afforded to the encroachers before initiating the enforcement action. The entire exercise shall be completed within a period of twelve (12) weeks from the date

WP No. 36019 of 2026

of receipt of a copy of this order. With the above direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (R.R.V.,J.) 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST To

1. The Secretary Highways Department, St.George Fort, Chennai 600009.

2. The Chief Engineer Highways Department, C and M Wing, guindy, Chennai 600025.

3. The Assistant Engineer Highways Department, City road, saidapet, Chennai 600015.

4. Veerapandi velachery 100 feet road, velachery bypass, Chennai 600042.

WP No. 36019 of 2026

S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WP No. 36019 of 2026 06-10-2026

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