Madras High Court
WP(MD)/28974/2026 of Santhosh Kumar Vs The District Collector/The M on 6 October 2026
W.P.(MD)No.28974 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.10.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MRS.JUSTICE M.D.SUMATHI
WP(MD) NO. 28974 of
{CNR: HCMD011438782026}
Case QR
&
W.M.P.(MD)Nos.21967 & 21968 of 2026
Santhosh Kumar
... Petitioner
Vs.
1.The District Collector/The Monitoring Committee, Madurai District Madurai.
2.The Commissioner
Madurai Corporation
Madurai.
3.The Assistant Divisional Engineer (Highways)
Construction And Maintenance Sub-division-2
Highways Department
Madurai - 625 002.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the
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W.P.(MD)No.28974 of 2026
records relating to impugned Notice in Complaint No.
32/2026/I.Va.A/dated 03.09.2026 and Impugned Notice in Complaint No.
32-1/2026/I.Va.A/dated 22.09.2026 passed by the 3rd Respondent and QUASH the same.
For Petitioner
: Mr.R.Vel Murugan
For Respondents : Mrs.M.R.Priyanka Jothi Government Advocate (Civil Side)
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ORDER
(By G.R.Swaminathan, J.) Heard both sides.
2. The petitioner challenges the order passed by the third respondent under Section 28(2) of the Tamil Nadu State Highways Act, 2001.
3. It is seen that the impugned order was preceded by notice. Notice was served on the petitioner's mother. Since there was no response from the petitioner, the earlier notice came to be confirmed.
4. Normally, we would not have interfered with such an order.
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W.P.(MD)No.28974 of 2026 However, the petitioner's counsel draws our attention to the order dated 07.09.2026 made in W.P.(MD)No.11098 of 2023 (P.Gowthaman Vs. District Collector). It was filed by Gowthaman and the writ petitioner herein figures as 4th respondent therein. The issue is one and the same. The Hon'ble Division Bench directed the authorities to conduct survey in the presence of the writ petitioner and pass an appropriate order after affording an opportunity of personal hearing to the parties concerned.
5. We therefore direct the jurisdictional Tahsildar to conduct fresh survey in the presence of the petitioner and the said P.Gowthaman. Thereafter, the third respondent will hear the petitioner and pass an appropriate order as directed by the Hon'ble Division Bench in W.P. (MD)No.11098 of 2023. The impugned order will abide by the outcome of the said enquiry. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S. J.,) & (M.D.S. J.,) 06.10.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi
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W.P.(MD)No.28974 of 2026 To:
1. The District Collector/The Monitoring Committee, Madurai District Madurai.
2. The Commissioner Madurai Corporation Madurai.
3. The Assistant Divisional Engineer (Highways) Construction And Maintenance Sub-division-2 Highways Department Madurai - 625 002.
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W.P.(MD)No.28974 of 2026 G.R.SWAMINATHAN, J. and M.D.SUMATHI
, J.
rmi W.P.(MD)No.28974 of 2026
06.10.2026
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