Murugan v. The District Collector

O R D E R [made by M.SUNDAR, J.] Captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) has been filed assailing a 'notice dated 20.09.2024 issued by R3 (The Assistant Divisional Engineer, Construction and Maintenance, Highways Department, Uthiramerur, Kanchipuram District)' (hereinafter 'impugned notice' for the sake of convenience and clarity). A scanned reproduction of the impugned notice is as follows:

¶2Learned counsel for writ petitioner submits that impugned notice has been made under Section 28(2)(ii) of 'Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002)' [hereinafter 'TN Highways Act' for the sake of convenience]. Section 28(2)(ii) provides for issuance of show cause notice before such removal. Section 28(2)(ii) of TN Highways Act reads as follows: '28.(1) ......

(2) The Highways authority or any person authorised by it in this behalf, may--

(i) ..........

(ii) remove any immovable structure, whether permanent or temporary in nature, encroaching the highway or in the area vested with Government under this Act, after issuing a show cause notice against such removal, returnable within a period of seven days from the date of receipt thereof: Provided that any representation received within the time limit shall be considered by the authority or officer concerned before passing final orders.'

¶3Issue notice to respondents.

¶4Mr.V.Ravi, learned Special Government Pleader accepts notice for all four respondents.

¶5Considering the limited scope of the captioned main WP, main WP is taken up in the Admission Board with the consent of both sides.

¶6Impugned notice is one issued under Section 28(2)(ii) of TN Highways Act, which has been set out in the impugned notice itself. Section 28(2)(ii) of TN Highways Act provides for noticee being show caused giving seven days notice. In the case on hand, learned counsel for writ petitioner submits that the noticee (writ petitioner) responded on 20.11.2024.

¶7In the light of the narrative thus far, as it is statutorily imperative that a 'Show Cause Notice' {'SCN'} is issued and the cause shown is considered before making any proceedings, we make the following order:

i) R3 shall now construe impugned notice dated

20.09.2024 as SCN, consider writ petitioner's reply dated 20.11.2024 and pass orders on its own merits and in accordance with law;

ii) Though obvious, we make it clear that we have not expressed any view or opinion on the merits of the matter and therefore, R3 shall now decide the matter untrammeled by any observations made in this order;

iii) Aforementioned exercise shall be completed by R3 as expeditiously as the business of R3 would permit but in any event within a fortnight from today i.e., by

11.03.2025;

iv) Proceedings of R3 shall be communicated to the writ petitioner under due acknowledgment within three working days from the date of the proceedings. Captioned main WP is disposed of in the aforesaid manner. Consequently, captioned writ miscellaneous petition is disposed of as closed. There shall be no order as to costs. (M.S., J.) (K.G.T., J.)

24.02.2024 Index : Yes / No Speaking order / Non-speaking order cad

M.SUNDAR, J.

K. GOVINDARAJAN THILAKAVADI, J. cad To:

¶1The District Collector Kanchipuram District Kanchipuram Kanchipuram - 631 501

¶2The Divisional Engineer Construction and Maintenance Highways Department Uthiramerur Kanchipuram District

¶3The Assistant Divisional Engineer Construction and Maintenance Highways Department Uthiramerur Kanchipuram District

¶4The Assistant Engineer Construction and Maintenance Highways Department Uthiramerur Kanchipuram District

24.02.2025

& W.M.P.No.6798 of 2025 in W.P.No.6188 of 2025 M.SUNDAR, J. K. GOVINDARAJAN THILAKAVADI, J. (Order of the Court was made by M.SUNDAR, J.) Captioned matter is listed today under the cause list caption 'FOR BEING MENTIONED' inasmuch as the year i.e., '2025' beneath the signature part of the order dated 24.02.2025, disposing of the captioned matter, has been inadvertently typed as '2024'. 2. Today, Mr. S.Senthilvel, learned counsel for writ petitioner and Mr.V.Ravi, learned Special Government Pleader for respondents are before this Court. 3. The aforereferred counsel on either side agreed to have the aforementioned correction made. M.SUNDAR, J. K. GOVINDARAJAN THILAKAVADI, J. gpa 4. Accordingly, the year wrongly typed as '2024' beneath the signature part of the order dated 24.02.2025, shall read as '2025'. In all other aspects, the order dated 24.02.2025 remains the same. Therefore, this order will now be made as 'Addendum' and Corrigendum / Erratum to 24.02.2025 order already pronounced in open court and already uploaded. This order will now be uploaded as 'ADDENDUM' to / along with order made by this Court on 24.02.2025 and the Registry shall issue certified copies accordingly. (M.S.J.) (K.G.T.,J.) 24.03.2025 gpa IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.02.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI W.P.No.6188 of 2025 and W.M.P. No.6798 of 2025 Murugan Petitioner vs. 1. The District Collector Kanchipuram District Kanchipuram Kanchipuram - 631 501 2. The Divisional Engineer Construction and Maintenance Highways Department Uthiramerur Kanchipuram District 3. The Assistant Divisional Engineer Construction and Maintenance Highways Department Uthiramerur Kanchipuram District. 4. The Assistant Engineer Construction and Maintenance Highways Department Uthiramerur Kanchipuram District Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari calling for the records pertaining to the notice dated 20.09.2024 issued by the 3rd respondent under Section 28(2)(ii) of the Tamil Nadu Highways Act, 2001, and quash the same. For petitioner Mr. S. Senthilvel For respondents Mr.V.Ravi Special Government Pleader