P.Rajendran v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.02.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI 1.P.Rajendran S/o.Palani
2. S.Bharani Vijayan S/o.Shanmugam
3. E.Murugan S/o.Elumalai
4. E.Payunukumar S/o.Elumalai 5.S.Raman S/o.Mannan
6. M.Munniyappan S/o.Mannangakatti
7. M.Mani S/o.Mopathu ... Petitioners vs Page Nos.1/10
1. The State of Tamil Nadu Rep. By its Secretary to Government Highways Department Secretariat, Chennai - 600 009
2. The District Collector Tiruvannamalai District Tiruvannamalai
3. The Revenue Divisional Officer Tiruvannamalai District Tamil Nadu
4. The Tahsildar Tiruvannamalai Taluk Tiruvannamalai District Tamil Nadu
5. The Divisional Engineer Tiruvannamalai Division Highways Department Tiruvannamalai District Tamil Nadu ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the fifth respondent to consider the written objection of the petitioners dated 05.12.2024 to their notice vide Order No.05/2024/U/dt.24.09.2024. For Petitioners :
Mr.J.Jaya Bharathi For Respondents :
Mr.V.Ravi Special Government Pleader Page Nos.2/10
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned writ petition arises under 'Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002)' {hereinafter 'said Act' for the sake of convenience}.
2. A notice dated 24.09.2024 bearing reference jhf;fPJ vz;/052024-c signed by Assistant Divisional Engineer of Highways Department was called in question vide W.P.No.33839 of 2024. As the notice did not show-cause, this Court disposed of W.P.No.33839 of 2024 vide order dated 25.11.2024 permitting a representation to be given within 7 days and the most relevant paragraph of the order is paragraph 12, which reads as follows:
'12. Without going into this controversy, we make it clear that said notice dated 24.09.2024 shall be responded to within 7 days from today i.e., on or before 02.12.2024 and the same will be considered by the Highways Authority or by the officer concerned and final orders shall be passed. Further action as regards removal shall obviously be subject to and depending on final orders of the officer concerned or by the Highways Authority.' Page Nos.3/10
3. The petitioners' representation has not been considered is writ petitioners' counsel's say.
4. Issue notice to respondents.
5. Mr.V.Ravi, learned Special Government Pleader accepts notice for all five respondents. Learned Special Government Pleader adverting to paragraph 12 of earlier (extracted and reproduced supra) submits that writ petitioners have not sent their response before 02.12.2024 and even according to the writ petitioners, the response is dated 05.12.2024 and it has been despatched through Registered Post with acknowledgment due only on 07.12.2024.
6. Owing to the limited scope of captioned writ petition, with the consent of both sides, main writ petition was taken up.
7. We find that the submission of learned State counsel that representation has not been given within time is correct and representation dated 05.12.2024 was mailed only on 07.12.2024. However, learned State counsel, waiving privileged communication immunity, has placed before us a written communication dated 24.02.2025 bearing reference e/f/$p1 /7858/2022 (written instructions) from R4 to Government Pleader and a Page Nos.4/10
scanned reproduction of the same is as follows: Page Nos.5/10
8. We find that for those who are landless/ homeless, free house site pattas have been issued.
Page Nos.6/10
9. In response to the above, learned counsel for writ petitioners submitted that above is pursuant to an order dated 19.01.2022 made in W.P.No.28383 of 2015. Though there is a reference about this writ petition in paragraph 7 of the writ affidavit, copy of the order has not been placed before us. However, we ferreted out the copy from the Official Website.
10. This Court is informed that the writ petitioners have since been removed. To put it differently, encroachment has since been removed. As encroachment has been removed, we deem it appropriate to record the written instructions given to learned Special Government Pleader by R4 and make it clear that all the rights and contentions of all the writ petitioners are preserved to work out their remedies, if any (if so advised and if so desired) pursuant to order dated 19.01.2022 in W.P.No.28383 of 2015.
11. In the light of the narrative thus far, no relief can be granted to the writ petitioners in the captioned writ petition. Page Nos.7/10
Captioned writ petition disposed of as closed albeit with preservation of rights in the aforesaid manner and with observations as mentioned above. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 25.02.2025 Index : Yes / No Speaking / Non-speaking order gpa Page Nos.8/10
To
1. The Secretary to Government State of Tamil Nadu Highways Department Secretariat, Chennai - 600 009
2. The District Collector Tiruvannamalai District Tiruvannamalai
3. The Revenue Divisional Officer Tiruvannamalai District Tamil Nadu
4. The Tahsildar Tiruvannamalai Taluk Tiruvannamalai District Tamil Nadu
5. The Divisional Engineer Tiruvannamalai Division Highways Department Tiruvannamalai District Tamil Nadu Page Nos.9/10
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 25.02.2025 Page Nos.10/10