Muthusami v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.03.2024
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY WP Nos.6979, 6983, 6987 of 2024 Muthusami : Petitioner in WP No.6979 of 2024 Moovendhiran : Petitioner in WP No.6983 of 2024 Gopal : Petitioner in WP No.6987 of 2024 versus 1.The District Collector, Tiruvarur District 2.The Tahsildar, Nannilam Taluk, Tiruvarur District 3.The Superintendent Engineer, Construction & Maintenance, Highways Department, 888, TVS Toll Gate, Subramaniyapuram, Trichy District 4.The Divisional Engineer, Highways Department, Thiruvarur District 5.The Assistant Engineer, Highways Department, Nallilam, Thiruvarur District : Respondents
Prayer: Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned notice passed by the fifth respondent dated 18.01.2024 and quash the same and consequently direct respondents 3 to 5 to lay road on the southern side of the road passing between Natchiyarkoil to Nagoor. For Petitioners :
Mr.T.Muruganantham For Respondents :
Mr.K.Karthik Jagannath, Government Advocate COMMON ORDER (Made by the Hon'ble Chief Justice) We have heard Mr.T.Muruganantham, learned counsel for the petitioners and Mr.K.Karthik Jagannath, learned Government Advocate, for the respondents.
2. The petitioners are challenging the notice dated 18.01.2024. The said notice alleges encroachment on a highway.
3. The impugned notice may be construed as a show-cause notice. The petitioners shall file a reply to the same within ten days from today. If a reply is filed within ten days, the respondent authorities shall consider the said reply and pass order in accordance
with law. The parties would be governed by the order that may be passed by the Highways Department. If reply is not filed within ten days from today, then the respondent authorities can proceed further.
4. The writ petition stands disposed of. There shall be no order as to costs. Consequently, WMP Nos.7785, 7788, 7790, 7791, 7794, 7795 of 2024 are closed.
(S.V.G., CJ.) (D.B.C., J.) 18.03.2024 Index : Yes/No : Yes/No tar To 1.The District Collector, Tiruvarur District 2.The Tahsildar, Nannilam Taluk, Tiruvarur District 3.The Superintendent Engineer, Construction & Maintenance, Highways Department, 888, TVS Toll Gate, Subramaniyapuram, Trichy District 4.The Divisional Engineer, Highways Department, Thiruvarur District 5.The Assistant Engineer, Highways Department, Nallilam, Thiruvarur District
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(tar) WP Nos.6979, 6983, 6987 of 2024 18.03.2024