J.John Bright v. The Divisional Enginner

O R D E R [Order of the Court was made by K.GOVINDARAJAN THILAKAVADI, J.,] The captioned writ petition is filed for issuance of writ of certiorari assailing the notice bearing reference to No.17(27)/2024/E.Va.A dated 09.01.2025 (herein after the said notice).

¶2Mr.P.Mathivanan, learned counsel appearing for the writ petitioner submits that the writ petitioner owns land in S.No.45/2 to an extent of 25 cents in Kaniyambadi Village, Vellore District. Page Nos.2/8

¶3On 09.01.2025 the 2nd respondent i.e., The Assistant Divisional Engineer, Highways Department, Vellore issued a show cause notice based on the report of the 3rd respondent (Tahsildar, Vellore District) dated 06.01.2025 alleging encroachment by the writ petitioner in the Highways land to an extent of 89 sq. meters in Village S.No.38, which is classified as road in the revenue records. In the said notice the writ petitioner was directed to remove the alleged encroachment within 7 days.

¶4The learned counsel submits that, the said notice was issued by the 2nd respondent in violation to the principles of natural justice, without following the procedures contemplated under the law.

¶5The further contention of the writ petitioner is that the writ petitioner has submitted his explanation on 11.01.2025 in response to the said notice dated 09.01.2025. However, the official respondents failed to consider his representation and therefore, writ petitioner was Page Nos.3/8 constrained to file the present writ petition.

¶6Issue notice to the respondents.

¶7Mr.V.Ravi, learned Special Government Pleader accepts notice for the respondents.

¶8The learned Special Government Pleader on instructions submits that the said notice dated 09.01.2025 is in respect of S.No.38 situated in the aforesaid Village and that the aforesaid notice was not issued to S.No.45/2 as contended by the writ petitioner.

¶9On perusal of the notice dated 09.01.2025 it is understood that the said notice was issued only to S.No.38 of the said village. The relevant portion of the notice is extracted as hereunder: ',e;epiyapy;. ghh;it (6) y; fhQqk; j';fSila

10/01/2025

ehspl;l

kDtpy; (,t;tYtyfj;jpy;

bgwg;gl;l

ehs;:17.02.2025) fzpak;gho fpuhk ru;nt vz;/45/2−y; gl;lh vz; 634 tPL fl;o trpj;J tUtjhft[k;. mstPL bra;ahky; Page Nos.4/8 W.P.No.7255oofo2025 beL";rhiyj;Jiw K:yk; show o cause o Noticeo tH';fg;gl;Ls;sjhf bjhptpf;fg;gl;Ls;sJ/ nkw;go j';fshy; Mf;fpukpg;g[ bra;ag;gl;Lss; gFjpia tUtha;Jiwapduhy; mstPLfs; nkw;bfhs;sg;gl;ljhf ,t;tYtyfj;jpy; bgwg;gl;l fzpak;gho fpuhk ru;nt vz;/38 (g[y tiuglk;) kw;Wk; Mf;fpukpg;g[ jd;ik (Form-I) oMfpa Mtz';fspd; mog;gilapy; fzpak;gho fpuhk rh;nt vz;/38 (tifg;ghL−nuhL) beL";rhiyj;Jiwf;F brhe;jkhd 0/85/0 bcwf;nlh; bkhj;j gug;gstpy; 89 rJu kPl;lh; gug;gst[ bfhz;l ,lj;ij fhk;g;sf!; fl;o Mf;fpuk;g;g[ bra;ag;gl;Lss; gFjpahdJ jh';fs; tPL fl;o trpj;J tUtjhf bjhptpf;fg;gl;Ls;s ru;nt vz; 45-2 ia xl;o mike;Js;s gFjp vd cWjp bra;ag;gl;Lss; jhy; muR tpjpfSf;Fl;gl;L jkpH;ehL muR beL';rhiy rl;lk; 2001−d; go mDkjpf;fglkhl;lhJ vd bjhptpj;J j';fspd; nfhu;f;iffs; Fwpj;j kD ,jd; K:yk; epuhfupf;fg;gLfpwJ/' PageoNos.5/8

¶10The learned Special Government Pleader further submitted that the writ petitioner has encroached upon the land in S.No.38 which belongs to the Highways Department which is lying abutting to S.No.45/2 owned by the writ petitioner. However, the present writ petition is filed only in respect of S.No.45/2.

¶11Considering the above stated position submitted by the learned Special Government Pleader, we are not inclined to entertain this writ petition.

¶12Accordingly, this writ petition is dismissed. No costs. Consequently, connected writ miscellaneous petition is closed. (M.S.,J.) (K.G.T.,J.)

05.03.2025 Index : Yes/No gpa/vsn Page Nos.6/8 To

¶1The Divisional Engineer O/o.The Divisional Engineer Highways Department, Vellore Vellore District

¶2The Assistant Divisional Engineer O/o.Assistant Divisional Engineer Highways Department, Vellore Vellore District

¶3The Tahsildar Taluk Office Vellore Vellore District Page Nos.7/8 M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa/vsn

05.03.2025 Page Nos.8/8

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.03.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI & W.M.P.No.8073 of 2025 in W.P.No.7255 of 2025 J.John Bright S/o.Joseph Dhanraj Reddiyar ... Petitioner vs. 1. The Divisional Engineer O/o.The Divisional Engineer Highways Department, Vellore Vellore District 2. The Assistant Divisional Engineer O/o.Assistant Divisional Engineer Highways Department, Vellore Vellore District 3. The Tahsildar Taluk Office Vellore Vellore District ... Respondents Page Nos.1/8 Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari calling for the records of the proceedings of the second respondent issued in Show Cause Notice No.17(27)/2024/E.Va.A dated 09.01.2025 and quash the same. For Petitioner : Mr.P.Mathivanan For Respondents : Mr.V.Ravi Special Government Pleader