Gangan v. The District Collector
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.Nos.7992 and 7995 of 2025 in W.P.No.7195 of 2025 Gangan Son of Late Elumalai ... Petitioner vs.
1. The District Collector Collectorate Office Rajaji Salai, Fourth Floor 62, Beach Road, George Town Chennai - 600 001
2. The Divisional Engineer (H) CMDP Division - I, Alandur, Chennai - 600 016
3. The Special Tahsildar Land Acquisition and Management Guindy Unit, District Collector Office Chennai - 600 001
4. The Tahsildar Solinganallur Taluk Office No.1, 1st Cross Street, New Kumaran Nagar Sholinganallur, Chennai - 600 119 ... Respondents Page Nos.1/10
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned orders dated 18.02.2025 and 19.02.2025 issued by the second respondent and quash the same and consequently direct the respondents herein to act in accordance with Section 15 of the Tamil Nadu Highways Act and consequently further to determine the compensation amount payable to us under Section 19 of the Act towards the acquisition of the property comprised in Survey No.351/8, admeasuring an extent of 27 sq.meter, situated in 2nd Shankar Street, Vettuvankkeni, Injambakkam, Solinganallur Taluk, Chennai District within a time frame as fixed by this Court.
For Petitioner :
Mr.R.Abdul Mubeen For Respondents :
Mr.T.K.Saravanan Addl. Govt. Pleader
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Immovable property situate in 'S.No.351/18 in Injambakkam Village, Sholinganallur Taluk, Chennai District' [hereinafter 'said property' for the sake of brevity] is the subject matter of captioned writ petition.
2. Mr.R.Abdul Mubeen, learned counsel for writ petitioner submits that 'a notice dated 18.02.2025 and an order dated 19.02.2025 have been issued by R2 (Divisional Engineer (H), CMDP Division - I, Alandur, Page Nos.2/10
Chennai)' {hereinafter 'impugned notice /order' for the sake of brevity} and the same have been assailed in the captioned writ petition. Learned counsel also submits that the writ petitioner is entitled to the benefit of Section 15 of 'Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002)' {hereinafter 'said Act' for the sake of convenience}.
3. Issue notice to the respondents.
4. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for all the respondents and learned State counsel submits that the jurisdictional Revenue Divisional Officer (RDO) has issued notice inter alia to the petitioner, considered the objection that S.No.351/18 is patta land and has passed orders dated 27.01.2025 bearing reference br/K/vz;m2-60212025/ The enquiry notice (which preceded this 27.01.2025 order) sent to the writ petitioner is as follows:
Page Nos.3/10
Page Nos.4/10
The order dated 27.01.2025 made by the RDO is as follows: Page Nos.5/10
Page Nos.6/10
Page Nos.7/10
5. In the light of the obtaining position which has been captured supra, we find that the impugned notice / order made by R2 in his capacity as 'Highways Authority' does not warrant any interference. To be noted, the impugned notice/order dated 18.02.2025 and 19.02.2025 are vide Section 28 of said Act and Section 28 of said Act reads as follows: '28. Prevention of encroachment.
(1)The Highways Authority or any person authorised by it in this behalf shall, at such time as may be considered necessary, conduct such checks and periodical inspection of the highway boundaries, with the view to ensure the prevention of unauthorised encroachment and the removal of such encroachment. (2)The Highways Authority or any person authorised by it in this behalf, may- (i)remove, without any notice, any movable temporary structure, enclosure, stall, booth, any article whatsoever hawked, exposed or displayed for sale or any other thing whatsoever by way of encroaching the highway or in any area where the construction or development of a highway is undertaken or proposed to be undertaken;
(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 Page Nos.8/10
within the time limit shall be considered by the authority or officer concerned before passing final orders.'
6. The term 'Highways Authority' has been defined vide Section 2 (13) of said Act, which takes us to Section 5 (2), which makes it clear that R2 is the 'Highways Authority' within the meaning of said Act.
7. Learned counsel for writ petitioner submitted that the writ petitioner has sent a representation as regards afore-referred 27.01.2025 order of RDO and that the representation is in the nature of an appeal. We express no opinion on the same. Suffice to say that no interference qua impugned notice / order are warranted and the consequence is, writ petition fails and the same is therefore dismissed. Consequently, captioned WMPs also perish with the main WP and the same are also dismissed. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 05.03.2025 Index : Yes/No gpa Page Nos.9/10
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa To
1. The District Collector Collectorate Office Rajaji Salai, Fourth Floor 62, Beach Road, George Town Chennai - 600 001
2. The Divisional Engineer (H) CMDP Division - I, Alandur, Chennai - 600 016
3. The Special Tahsildar Land Acquisition and Management Guindy Unit, District Collector Office Chennai - 600 001
4. The Tahsildar Solinganallur Taluk Office No.1, 1st Cross Street, New Kumaran Nagar Sholinganallur, Chennai - 600 119 05.03.2025 Page Nos.10/10