Madras High CourtWP/6337/2024disposed of

M/S.Indian Oil Corporation Ltd, v. State Government Of Tamil Nadu

2024-07-05Honourable Mr Justice M. Sundar,Honourable Mrs Justice K. Govindarajan Thilakavadi27 pages

2024:MHC:2810

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2024

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P.Nos.7044, 7109, 7111, 9033, 10117, 13223 and 13225 of 2024 in W.P.No.6337 of 2024 M/s.Indian Oil Corporation Ltd., Represented by its Divisional Manager (Retail) Chennai Divisional Office No.500, Anna Salai, Teynampet Chennai-600 018.

... petitioner Vs.

State Government of Tamil Nadu Rep. by Secretary Highways Department Fort St.George, Secretariat Chennai-600 009.

The Division Engineer (Highways) Construction & Maintenance Page Nos.1/27

Chennai City Road Division Chennai-600 015.

The Assistant Division Engineer (Highways) Construction & Maintenance Chennai City Roads Sub Division Chennai-600 015.

... Respondents Writ Petition No.6337 of 2024 filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records pertaining to the order passed by the 3rd respondent dated 29.02.2024 bearing Lr.No.286/2010/Assistant and Lr.No.286/2010/Asst dated 06.03.2024 and quash the same.

W.P.No.6399 of 2024 K.Shanbagavalli Proprietrix M/s.Sri Ragavendra Filling Station W/o.Koteswaran ... petitioner Vs.

The Revenue Divisional Officer Chennai Central Division Off. Thirumangalam Junction Chennai-600 101.

The Tahsildar Ambattur Taluk Office Chennai - Tiruvallur High Road Gandhi Nagar, Ambattur Page Nos.2/27

Chennai-600 053.

The Divisional Engineer Highways (C&M) City Road No.394/4, Anna Salai Chennai-600 006.

The Assistant Divisional Engineer Highways (C & M) Chennai City Roads Sub Division Cheani-600 015.

Indian Oil Corporation Limited A Government of India undertaking Having its registered office at No.G-9, All Yuvar Jung Marg Bandra, Mumbai - 600 051.

Indian Oil Corporation Limited A Government of India Undertaking Having its Chennai Divisional Office at No.500, Anna Salai, Teynampet Chennai-600 018.

... Respondents Writ Petition No.6399 of 2024 filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records pertaining to the order passed by the 4th respondent dated 29.02.2024 bearing 286/2010/Assistant and quash the same. W.P.No.9094 of 2024 T.A.S.Nazeer S/o.Syed Abdul Khader ... petitioner Page Nos.3/27

Vs.

The District Collector Chennai District Chennai-600 001.

The District Revenue Officer Chennai District.

The Revenue Divisional Officer Chennai Central Zone Chennai-600 101.

The Tahsildar Ambattur Taluk, Ambattur Chennai-600 053.

The Assistant Divisional Engineer Highway (c & M) Chennai City Roads Sub Division Chennai-600 015.

... Respondents Writ Petition No.9094 of 2024 filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records on the file of 5th respondent in Letter No.286/2010/Assist dated 29.02.2024 and quash the same.

W.P.No.12126 of 2024 S.Suresh S/o.S.Swamy ... petitioner Page Nos.4/27

Vs.

The Revenue Divisional Officer Chennai Central Division Off : Thirumangalam Division Chennai-600 101.

The Tahsildar Ambattur Taluk Office Chennai-Thiruvallur High Road Gandhi Nagar, Ambattur, Chennai-600 053.

The Divisional Engineer, Highways (C & M) City Road, 394/4 Anna Salai, Chennai-600 009.

The Assistant Divisional Engineer Highways (C&M) Chennai City Roads Sub Division Chennai-600 015.

... Respondents Writ Petition No.12126 of 2024 filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the order passed by the 4th respondent dated 29.02.2024 proceeding letter number 286/2010/Assistant and quash the same. W.P.No.6337 of 2024 For Petitioner :

Mr.AR.L.Sundaresan Senior Counsel for Mr.V.Anantha Natarajan For Respondents :

Mr.T.K.Saravanan Government Advocate Page Nos.5/27

for R1 to R3 W.P.No.6399 of 2024 For Petitioner :

Mr.Sharukumar .S.I for Mr.R.Ashraf Khan For Respondents :

Mr.T.K.Saravanan Government Advocate for R1 to R4 Mr.V.Anantha Natarajan for R5 and R6 W.P.No.9094 of 2024 For Petitioner :

Mr.S.Karthikeyan For Respondents :

Mr.T.K.Saravanan Government Advocate for R1 to R5 W.P.No.12126 of 2024 For Petitioner :

Mr.M.Baskar For Respondents :

Mr.T.K.Saravanan Government Advocate for R1 to R4 W.M.P.No.9033 of 2024 in W.P.No.6399 of 2024 For Petitioner :

Mr.V.Elangovan For Respondents :

Mr.T.K.Saravanan Government Advocate for R1 to R4 Mr.V.Anantha Natarajan for R5 and R6 C O M M O N O R D E R [Order of the Court was made by M.SUNDAR, J.,] This common order will now dispose of the captioned '4 Writ Petitions' {hereinafter 'WP' in singular and 'WPs' in plural for the sake of Page Nos.6/27

brevity} and 7 'Writ Miscellaneous Petitions' {hereinafter 'WMP' in singular and 'WMPs' in plural for the sake of brevity} thereat.

2. When the matter was taken up, Mr.AR.L.Sundaresan, learned Senior Counsel appearing on behalf of Mr.V.Anantha Natarajan, counsel on record for petitioner in W.P.No.6337 of 2024, Mr.Sharukumar .S.I, learned counsel representing Mr.R.Ashraf Khan, counsel on record for petitioner in W.P.No.6399 of 2024, Mr.S.Karthikeyan, learned counsel on record for petitioner in W.P.No.9094 of 2024, Mr.M.Baskar, learned counsel on record for petitioner in W.P.No.12126 of 2024, Mr.T.K.Saravanan, learned Government Advocate for R1 to R3 in W.P.No.6337 of 2024, for R1 to R4 in W.P.No.6399 of 2024, for R1 to R5 in W.P.No.9094 of 2024, for R1 to R4 in W.P.No.12126 of 2024 and Mr.V.Anantha Natarajan, learned counsel for R5 and R6 in W.P.No.6399 of 2024 are before this Court.

3. All the aforementioned learned counsel submit in one voice in unison that the captioned matters are squarely covered by an earlier order dated 14.06.2024 made by this Bench in S.Suman Vs. State of Tamil Nadu and five others {W.P.No.15484 of 2024 and WMPs thereat reported in Page Nos.7/27

4. In the light of the aforementioned submission, we deem it appropriate to scan and reproduce the entire order in Suman's case. A scanned reproduction of Suman's case is as follows: Page Nos.8/27

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5. The operative portions of Suman's case are paragraph No.11 and concluding paragraph.

6. In the light of the submissions made by aforementioned all learned counsel made in unison and in the light of Suman's case, the following order is made:

(i) Impugned proceedings dated 29.02.2024 bearing reference Letter No.286/2010/Assist in 4 captioned WPs and also the impugned proceedings dated 06.03.2024 issued to the writ petitioner in W.P.No.6337 of 2024 are set aside primarily on the ground that 'Show Cause Notice' {'SCN'} and response aspect of Section 28(2)(ii) of 'the Tamil Nadu Highways Act, 2001' {hereinafter 'Highways Act' for the sake of brevity} have not been complied;

(ii) The Assistant Divisional Engineer, Highways, Chennai, shall now construe earlier proceedings dated 30.10.2023 issued to writ petitioners in W.P.Nos.6399, 9094 & 12126 of 2024 as SCNs, consider writ petitioners' replies and Page Nos.21/27

also consider the reply of writ petitioner in W.P.No.6337 of 2024 and make orders afresh;

(iii) Though obvious, we make it clear that we have not expressed any view or opinion on the merits of the matter and therefore the Assistant Divisional Engineer, Highways, Chennai, shall now decide the matter afresh untrammeled by any observations made in this common order;

(iv) Aforementioned exercise shall be completed by the Assistant Divisional Engineer, Highways, Chennai, as expeditiously as the business of the Assistant Divisional Engineer would permit but in any event within four weeks from today ie., by 02.08.2024;

(v) Proceedings of the Assistant Divisional Engineer, Highways, Chennai, shall be communicated to the writ petitioners under due acknowledgment within three working days from the date of the proceedings;

(vi) Further proceedings will obviously be pursuant to / subject to / depending on the de novo proceedings to be made. Page Nos.22/27

7. As regards W.M.P.No.9033 of 2024 in W.P.No.6399 of 2024, we dispose of W.M.P.No.9033 of 2024 in the light of proviso to Section 28(2)(ii) of Highways Act which says if the WMP petitioner makes a representation, the same will be considered before making final orders.

8. Captioned 4 WPs and captioned 7 WMPs thereat are disposed of on the same terms i.e., as in S.Suman's case reported in 2024:MHC:2393. There shall be no order as to costs.

9. Though captioned writ petitions are disposed of, Registry is directed to list the captioned writ petitions under the cause list caption 'FOR REPORTING COMPLIANCE' on 16.08.2024.

(M.S.,J.) (K.G.T.,J.) 05.07.2024 Index : Yes Speaking order mk Page Nos.23/27

To 1.

State Government of Tamil Nadu Rep. by Secretary Highways Department Fort St.George, Secretariat Chennai-600 009.

The Division Engineer (Highways) Construction & Maintenance Chennai City Road Division Chennai-600 015.

The Assistant Division Engineer (Highways) Construction & Maintenance Chennai City Roads Sub Division Chennai-600 015.

The Revenue Divisional Officer Chennai Central Division Off. Thirumangalam Junction Chennai-600 101.

The Tahsildar Ambattur Taluk Office Chennai - Tiruvallur High Road Gandhi Nagar, Ambattur Chennai-600 053.

The Divisional Engineer Highways (C&M) City Road No.394/4, Anna Salai Chennai-600 006.

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