J.Krishnakumar v. Mr. Praveen Kumar and Another

ORDER (Order of the Court was made by G.Arul Murugan,J) This contempt petition has been filed alleging disobedience of the order dated 21.09.2023 passed in W.P.No.21377 of 2023.

¶2This Court, while disposing of the writ petition, directed the National Highways Authority and the State Highways Authority to remove the encroachments in the Highways, by taking appropriate action.

¶3When the contempt petition, alleging disobedience of the order, was listed before this Court on 08.01.2026, this Court, noticing that second respondent Highways Department has already complied with the order by removing the entire encroachments, closed the contempt petition as against second respondent. However, directed first respondent to file status report in respect of the steps taken to remove the encroachments.

¶4In compliance of the order passed, first respondent has filed a detailed status report dated 04.08.2026. A perusal of the status report reveals that the authorities have conducted a field inspection on 24.10.2025 and identified 14 establishments which were situated outside the right of way and not encroaching the Highway. The said 14 establishments are listed out in the status report and they were also intimated that they have to obtain permission for having access to highway.

¶5Subsequently, a further inspection was also conducted and found nine occupations/ obstructions, pursuant to which, preliminary eviction notices were issued to the occupants on

23.07.2026, calling upon them to remove the unauthorised occupations. The said nine encroachments noted are listed out in paragraph 6 of the status report. It is further stated that pursuant to the action taken, seven encroachments have been completely removed and two are yet to be removed. Since the occupants resist removal, request has been made seeking assistance from the jurisdictional authorities, including the Revenue and Police Departments.

¶6First respondent has also stated that by proceedings dated

08.09.2025, they have intimated the State Government to come out with a Standard Operating Procedure for one-time improvement of bypassed sections and when once the same is finalised, the said issues in the bypassed section would also be addressed.

¶7It is now submitted that out of two encroachments, one has been removed and effective steps are being taken to remove the other encroachment.

¶8As the directions issued by the Court have been substantially complied with, we are inclined to close the contempt petition. Accordingly, the contempt petition is closed, making it clear that both respondents shall continue to monitor and maintain the Highways free from any encroachment. (SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J)

20.08.2026

kpl

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(kpl)

20.08.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.08.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN J.Krishnakumar Son of Jaganathan No. 124 Nehru Colony, Mahalingapuram Pollachi 642002 Coimbatore District. .. Petitioner Vs. 1. Praveen Kumar Project Director, NHAI, Plot No. 1, Aiswarayam Heights Indira Nagar, Sennamanaikenpatti Post, Thadikombu Road, Dindigul - 642 004. 2. Nithynandhan Divisional Engineer, Highways Department, Kovai Road, Pollachi - 642 002. .. Respondents [Petition closed as against second respondent vide order dated 08.01.2026] Prayer : Petition filed under Section 11 of the Contempt of Courts Act, 1971, seeking to punish respondents for their willful disobedience and non-compliance of the order dated 21.09.2023 in W.P.No.21377 of 2023. For Petitioner : Mr.V.Raghavachari Senior Counsel For M/s.V.Srimathi For Respondents : Mr.Su.Srinivasan Standing Counsel for R1