Madras High Court
WP/35351/2026 of V.RAMALINGAM Vs THE GOVERNMENT OF TAMIL NADU on 3 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-09-2026
CORAM
THE HON'BLE DR JUSTICE G. JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE E.MANOHARAN
Writ Petition No. 35351 of 2026
and
W.M.P.No. 39326 of 2026
V.Ramalingam
..Petitioner
Vs
1. The Government of Tamil Nadu
Represented by its Secretary,
Highways Department,
Fort St.George, Chennai.
2. The Collector Chennai District,
Collectorate Chennai,
62, Rajaji Salai, Chennai - 600001.
3. The Special District Revenue Officer/
Land Acquisition Officer, (Metro Wing),
State Highways Department,
HRS Campus, Guindy,
Chennai - 600025.
4. Tahsildar Maduravoyal
office of the Tahsildar Maduravoyal,
Bharathi Salai, Phase-II,
Nolambur, Chennai - 600095.
5. The Chief Engineer
The Tamil Nadu Highways, Chennai
Metropolitan Projects Development (CMPD), HRS Campus, Guindy, Chennai – 600025.
6.
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7. The Divisional Engineer
The Tamil Nadu Highways,
Chennai Metropolitan Projects Development (CMPD), HRS Campus, Guindy, Chennai - 600025.
..Respondents
Prayer: Writ Petition has been filed under Article 226 of Constitution of India, to issue Writ of Certiorarified Mandamus, calling for records of the notice dated 06.07.2026 bearing proceedings Na.Ka.No.Aa1/1318/2025 issued by the 4th respondent, treating the land as government purambooke land and quash the same and thereby forbear the 4th respondent from any manner interfering with the peaceful possession and enjoyment of the property comprised in survey No.416/20(part), land as per the notice is of an extent of 158 sq-met and particularly land of an extent of 72 sq-met which is meant for expansion of the mount poonamallee road, together with the superstructure comprising of the ground floor, 1st floor and 2nd floor together with fixtures and fittings situated in mount poonamallee road, Porur, Chennai - 600116.
For Petitioner:
Mr.A.Palaniappan
For Respondents:
Mr.K.Surender
Special Government Pleader
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ORDER
(Order of the Court was made by Dr.G.Jayachandran J.) This Writ Petition is filed challenging the show-cause notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. The petitioner challenges the notice on the ground that an earlier attempt to evict them under the Tamil Nadu Highways Act, was resisted by the occupants and therefore, the present notice issued under the Tamil Nadu Land Encroachment Act has been issued out of malice and without any genuine cause.
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2. The learned Special Government Pleader submits that the petitioner and others are in occupation of Government land and are running commercial activities. Hence, the show-cause notice was issued under Section 7 of the Act. He further submits that if any objections are received from the occupants, the same will be considered and appropriate orders will be passed, instead of waiting for the outcome of their objections, the present writ petition has been filed prematurely.
3. The learned Special Government Pleader submits that since the land in occupation of the petitioner and others vests in the Highways Department, the earlier notice was issued under the Highways Act. However, an earlier attempt by the Highways Department will not prevent the Revenue authorities from recovering the Government Natham land from the occupants.
4. Without adverting to the merits canvassed, we dispose of this writ on the ground that the relief sought is premature, as the petitioner has an alternative remedy of submitting objections to the show-cause notice. A show- cause notice furnishing the details and reasons for eviction has to be responded to in the manner known to law before the appropriate authority, who issued show-cause notice. It is only if any adverse order is passed, the petitioner will have a remedy to seek redressal as per the Act.
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5. Since the challenge to the show-cause notice is premature, this Writ Petition stands disposed of with liberty to the petitioner herein to participate in the proceedings initiated under Section 7 of the Act. If any additional objections are to be made, the same shall be filed within seven days from today. Thereafter, the respondents shall consider the objections on merits and take appropriate decision in accordance with law. Consequently, the connected Miscellaneous Petition is closed. No costs. (Dr.G.J.,J.) (E.M.,J.) 03-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No aj/rpl To
1. The Secretary, Government of Tamil Nadu, Highways Department, Fort St.George, Chennai.
2. The Collector Chennai District, Collectorate Chennai, 62, Rajaji Salai, Chennai - 600001.
3. The Special District Revenue Officer/ Land Acquisition Officer, (Metro Wing), State Highways Department, HRS Campus, Guindy, Chennai - 600025.
4. Tahsildar Maduravoyal office of the Tahsildar Maduravoyal, Bharathi Salai, Phase-II, Nolambur, Chennai - 600095.
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5. The Chief Engineer The Tamil Nadu Highways, Chennai Metropolitan Projects Development (CMPD), HRS Campus, Guindy, Chennai - 600025.
6. The Divisional Engineer The Tamil Nadu Highways, Chennai Metropolitan Projects Development (CMPD), HRS Campus, Guindy, Chennai - 600025.
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DR.G.JAYACHANDRAN J. and E.MANOHARAN J. aj/rpl Writ Petition No. 35351 of 2026 and W.M.P.No. 39326 of 2026 03-09-2026
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