Madras High Court
WP/39503/2026 of B.Murugan Vs The Assistant Divisional Engineer(Highways) on 29 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-09-2026
CORAM
THE HON'BLE DR JUSTICE G. JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE E.MANOHARAN
W.P.No.39503 of 2026
and
W.M.P.no.44380 of 2026
CNR: {HCMA012329012026}
B.Murugan,
S/o.Boorasamy,
Manager,
Government Aided Primary School,
A.Kottarakuppam,
Vridhachalam Taluk,
Cuddalore District,
Pincode -606115.
..Petitioner
Vs
The Assistant Divisional Engineer(Highways)
and the Authorized Officer,
Vridhachalam 606 001,
..Respondent
This Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the Respondent from demolishing the compound wall of the Petitioner’s School in the front side situated at S.No.461, A.Kottarakuppam Village, Aladi, Virudhachalam Taluk,
Cuddalore District.
For Petitioner
:Mr.S.Lakshmikanth
For Respondent
:Mr.K.Surender, Spl.G.P.
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ORDER
(Order of the Court was made by Dr.G.Jayachandran J.) The petitioner herein has filed Writ Petition seeking Mandamus directing the respondent to forbear from demolishing the compound wall of the Petitioner’s School in the front side, situated at S.No.461, A.Kottarakuppam Village, Aladi, Virudhachalam Taluk, Cuddalore District.
2. Earlier, when the petitioner approached this Court by way of filing the Writ Petition No.24358 of 2026 seeking Certiorarified Mandamus to quash the demolition and eviction notice, we disposed of the writ petition directing the authorities to survey the land in question and serve notice on the writ petitioner identifying the encroached portion, if any. As a consequence, the respondent has identified the portion encroached upon the public road. At this juncture, the present writ petition is filed, forbearing the authorities from removing the structure put up on the encroached portion of the land.
3. We found that there is no merit in the writ petition to interfere with the action taken by the respondent for removal of encroachment on the public road and we are inclined to dismiss the writ petition.
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4. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent.
5. By the time to remove the encroachment on their own, to that effect, an undertaking affidavit has been filed by the petitioner stating that he will remove and demolish the compound wall erected outside S.No.461, which is located and constructed upon the Government poromboke land on or before 04.10.2026.
6. Considering the undertaking affidavit filed by the petitioner, we dispose of the writ petition directing the respondent herein to proceed for removing the encroachment, after 05.10.2026. If the petitioner fails to remove the structure on the encroached land on or before 04.10.2026, the respondent is directed to take necessary action in accordance with law.
7. Accordingly, this Writ Petition is disposed of. No order as to costs. Consequently, connected Miscellaneous Petition is closed. (G.J.,J.) (E.M.,J.) 29-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ari
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To The Authorised Officer, Assistant Divisional Engineer(Highways) Vridhachalam 606001,
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DR.G.JAYACHANDRAN, J. AND E.MANOHARAN, J. ari W.P.No.39503 of 2026 and W.M.P.No.44380 of 2026 29-09-2026
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