Case Note & Summary
The petitioner, K. Nagaiyan, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondents, namely the District Collector, Ariyalur District, the Project Director, National Highway Authority of India, and the Assistant Divisional Engineer, National Highway Authority of India, to take appropriate action on his representation dated 28.04.2025. The representation sought removal of an unauthorized hut temple and stone erected inside, opposite to the petitioner's house, on the National Highway from Jayankondam to Trichy (NH-81) at Jayankonam. The petitioner relied on orders of the Supreme Court in SLP (C) No. 8519/2006 dated 29.09.2009 and 31.08.2018, and Sections 26(7) and 27 of the Control of National Highway (Land and Traffic) Act, 2002. The court noted that the Assistant Divisional Engineer (3rd respondent) conducted an inspection and survey, identifying encroachment. A status report filed by the 3rd respondent revealed that the 1st respondent had directed a report, and the 3rd respondent requested the Thasildar, Udayarpalayam to survey the land abutting the national highway. The report indicated that the state highways department was the competent authority, but since the representation was made prior to takeover by the state highways, the survey was requested. The court, in view of the status report, directed that all further enforcement actions be initiated and concluded following statutory procedures, and that encroachments be removed within 12 weeks from receipt of the order. The writ petition was disposed of with no costs, and connected miscellaneous petitions were closed.
Headnote
A) Constitutional Law - Writ of Mandamus - Public Duty - The petitioner sought a writ of mandamus to direct the respondents to act on his representation for removal of an unauthorized hut temple and stone on NH-81. The court, after noting the status report indicating that survey was conducted and encroachment identified, directed the authorities to complete enforcement actions and remove encroachments within 12 weeks. Held that the writ petition is disposed of with direction to remove encroachments within 12 weeks (Paras 1-4).
Issue of Consideration
Whether the respondents should be directed to take action on the petitioner's representation for removal of unauthorized hut temple and stone erected on the national highway.
Final Decision
The writ petition is disposed of with a direction to the respondents to initiate and conclude enforcement actions for removal of encroachments within 12 weeks from the date of receipt of a copy of this order, following the procedure under the statutes and rules. No costs. Connected miscellaneous petitions, if any, are closed.
Law Points
- Writ of mandamus
- Encroachment on national highway
- Removal of unauthorized structures
- Control of National Highway (Land and Traffic) Act
- 2002
- Sections 26(7) and 27
- Supreme Court orders in SLP (C) No. 8519/2006
