Madras High Court

WP(MD)/27940/2025 of A.Abdul Hakkim Vs The Divisional Engineer on 6 October 2026

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WP(MD) No. 27940 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 06-10-2026

CORAM

THE HON'BLE MR JUSTICE G.R.SWAMINATHAN

AND

THE HON'BLE MRS.JUSTICE M.D.SUMATHI

WP(MD) No. 27940 of 2025

and

W.M.P.(MD)No.21691 of 2025

CNR:{HCMD011369872025}

A.Abdul Hakkim

S/o.Abdul Alim,

9/130, Indranagar,

Gundur Burma Colony,

Gundur,

Trichy District.

..Petitioner(s)

Vs.

1. The Divisional Engineer

National Highways,

50, Sundarraj Nagar,

Highways Colony,

Pudukkottai Road,

Trichy-20.

2. Moorthy,

S/o.Karuppaiah,

No.10/10, Amman Kovil 1st Street, Gundur Burma Colony, Gundur, Trichy.

(R2 is impleaded vide court order dated

18.11.2025 in WMP(MD)No.25925 of 2025)

..Respondent(s)

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to respondent proceedings made in

WP(MD) No. 27940 of 2025

K.No.12/Encroachment/N.H.336/A2/2025, dated 12.09.2025, quash the same and further direct the respondent to consider his explanation as per direction of this Court dated 24.06.2025 and conduct an enquiry as per section 26 of the Control of National Highways (Land and Traffic), Act,

2002.

For Petitioner(s):

Mr.H.Jahir Hussain,

for Mr.R.Sundar.

For Respondent(s):

Ms.M.R.Priyanka Jothi,

Government Advocate for R-1.

Mr.C.Vakeeswaran for R-2.

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ORDER

(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.

2. The petitioner is in occupation of survey No.120/1 in Gundur Panchayat. The petitioner is running a mutton stall. The first respondent issued the impugned notice dated 12.09.2025 informing the petitioner that the encroachment will be removed. Challenging the same, this writ petition has been filed.

3. We wanted to know the legal basis on which the writ petitioner is raising his claim. The learned counsel for the petitioner fairly stated that he

WP(MD) No. 27940 of 2025

has with him only the miscellaneous receipt issued by the local body. This cannot advance the case of the writ petitioner. Unless the petitioner has title over the land in question, he cannot maintain the writ petition. Admittedly, the land in question belongs to the Highways Department. Therefore, there is nothing to interfere with the impugned order. This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S.,J.) (M.D.S.,J.) 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PMU To The Divisional Engineer National Highways, 50, Sundarraj Nagar, Highways Colony, Pudukkottai Road, Trichy-20.

WP(MD) No. 27940 of 2025

G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. PMU WP(MD) No. 27940 of 2025 06-10-2026

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