WP/37537/2026 of SMT.MANJULA Vs The Principal Secretary to Government on 29 September 2026

COMMON ORDER

(Order of the Court was made by Dr.G.Jayachandran J.) These writ petitions are filed challenging the communication issued by the Assistant Divisional Engineer, Highways Department, on 11.06.2024, directing the occupants to remove the encroachment on the highways road, in view of the expansion proposal of the highways running along Kalavai Koot Road, Mulluvadi Village, Vellore.

2. The learned counsel for the petitioners would submit that more than 100 families are residing along the road margin, far away from the actual road and there is no disturbance to traffic or to the public. The residents, who are the petitioners herein, are paying property tax, water tax and electricity consumption charges and they are in possession of the property for more than 45 years. Since the location of the petitioners’ occupied land is not required for the Highways Department, several representations were given by the petitioners for grant of patta and also communication by the Revenue Officials earlier to consider the request for granting patta positively has not been so far acted upon. On the contrary, there is an attempt to evict the writ petitioners, disturbing their settled possession.

3. After hearing the learned counsel for the petitioners and perusing the records, we find that the petitioners herein are relying upon the notice issued by the Highways Department dated 11.06.2024 to express and fortify their apprehension of forcible eviction. Also, some of the earlier representations to were made to the authorities for considering the issuance of patta. We directed the learned Special Government Pleader to submit a report about the nature of the land in occupation of the petitioners and whether they are sought to be evicted following due process of law.

4. The learned Special Government Pleader, on instructions, would submit that the land in occupation of the petitioners belongs to the Highways Department. Though they are in occupation for several years, for the purpose of widening the road, the land in their occupation was sought to be evicted. Earlier, the writ petition was filed challenging the notice and after field inspection and report of the Tahsildar, notice was served on the encroachers under Section 28 of the Tamil Nadu Highways Act, 2001, on 11.06.2024. Some of the encroachers have already been removed and expansion of the road has been carried out. These petitioners are still in occupation, despite the notice for eviction and because of their occupation, the road expansion work is disturbed. The objections made by the occupants have already been considered and the request for grant of patta for the land in their occupation could not be considered positively, since the land is essential for widening the Highways Road. He would further submit that there was another writ petition filed for evicting the encroachment, which has invited contempt petition for not removing the encroachment. He would also submit that the eviction of the encroachment is now fixed on 09.10.2026.

5. From the facts of the case, we find that the petitioners herein cannot have any right to claim patta of the land in their occupation, based on the long- settled possession, since the land is classified as Highways Property and the same is required for widening the road. Already, proceedings under the Tamil

Nadu Highways Act, 2001, have been initiated and the same cannot be interfered with at this point of time. Hence, we find no merit in these writ petitions. At the same time, we hasten to add that the first respondent shall consider the application of the petitioners herein seeking patta elsewhere and whoever is eligible may be considered under the scheme for grant of patta.

6. With the above observation, these writ petitions are disposed of. Consequently, connected Miscellaneous Petitions are closed. No order as to costs. (G.J.,J.) (E.M.,J.) 29-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ari

To

1. The Principal Secretary to Government, Revenue Department, Secretariat, Chennai -600009.

2. The District Collector,Ranipet District.

3. The Revenue Divisional Officer Ranipet, Ranipet District.

4. The Tahsildar Arcot taluk, Ranipet District.

5. The Divisional Engineer Highways Department, Ranipet,

Ranipet District. W.P.No.37606 of 2026 To

1. The Principal Secretary to Government Revenue Department, Secretariat,Chennai 09.

2. The District Collector,Ranipet District.

3. The Revenue Divisional Officer,Ranipet, Ranipet District.

4. The Tahsildar,Arcot Taluk,Ranipet District.

5. The Divisional Engineer,Highways Department, Ranipet, Ranipet District. W.P.No.37543 of 2026 To

1. The Principal secretary to Government Revenue Department, Secretariat, Chennai 09

2. The District Collector,Ranipet District

3. The Revenue Divisional Officer,Ranipet , Ranipet District.

4. The Tahsildar,Arcot Taluk,Ranipet district

5. The Divisional Engineer,Highways Department, Ranipet, Raniipet District W.P.No.37612 of 2026 To

1. The Principal Secretary to Government Revenue Department, Secretariat, Chennai 600009.

2. The District Collector,Ranipet District.

3. The Revenue Divisional Officer,Ranipet, Ranipet District.

4. The Tahsildar, Arcot Taluk, Ranipet District.

5. The Divisional Engineer,Highways Department, Ranipet, Ranipet District.

W.P.No.37607 of 2026 To

1. The Principal Secretary to Government Revenue Department, Secretariat, Chennai 600009.

2. The District Collector, Ranipet District.

3. The Revenue Divisional Officer, Ranipet, Ranipet District.

4. The Tahsilda,r Arcot Taluk, Ranipet District.

5. The Divisional Engineer Highways Department, Ranipet, Ranipet District.

DR.G.JAYACHANDRAN, J. AND E.MANOHARAN, J. ARI WP No. 37537 of 2026 AND W.P.NO.37606 OF 2026, W.P.NO.37543 OF 2026,W.P.NO. 37612 OF 2026, W.P.NO.37607 OF 2026,W.M.P.NO.42220 OF 2026, W.M.P.NO. 42221 OF 2026,W.M.P.NO.42157 OF 2026, W.M.P.NO.42158 OF 2026,W.M.P.NO.42154 OF 2026, W.M.P.NO.42156 OF 2026,W.M.P.NO. 42227 OF 2026, W.M.P.NO.42228 OF 2026,W.M.P.NO.42224 OF 2026, W.M.P.NO. 42225 OF 2026 29-09-2026