Dolphin Construction v. The State Of Tamilnadu

In the High Court of Judicature at Madras Dated: 04.04.2018 Coram The Honourable Mr.JUSTICE K.K.SASIDHARAN and The Honourable Mr.JUSTICE R.SUBRAMANIAN Writ Appeal No.698 of 2018 and C.M.P.No.6657 of 2018 Dolphin Construction Company rep. by its Managing Partner Mr.R.Prabhu .... Appellant/Petitioner Vs.

1. The State of Tamil Nadu rep. by its Principal Secretary to Government, Highways & Minor Port, Fort St. George, Chennai - 600 009.

2. The Collector, Vellore District, Vellore - 632 009.

3. The District Revenue Officer (L.A.) Collector Office, Sathuvachari, Vellore - 632 009.

4. The Divisional Engineer (Projects) Highways Department, 5th West Cross Road, Gandhi Road, Vellore - 632 006.

.... Respondents/Respondents APPEAL filed under Clause 15 of the Letters Patent against the order dated 13.02.2018 made in W.P.No.32119 of 2017 on the file of this Court.

PRAYER IN WP.32119 OF 2017:

Praying to issue a writ of certiorari calling for the records of the 3rd respondent pertaining to the notice issued under section 15(2) of the Tamilnadu Highways Act 2001 and published in the Makkal Kural, Chennai, Edition dated 23.11.2017 and quash the same.

For Appellant : Mr.G.Jeremiah For Respondents: Mr.M.Karthikeyan, AGP --------------

J U D G M E N T

(Judgment of the Court was delivered by K.K.SASIDHARAN,J) The statutory notice issued by the District Revenue Officer, Vellore under Section 15(2) of the Tamil Nadu Highways Act, 2001 (in short the 'Act') was put in issue before the Writ Court primarily on the ground that the statutory period of 30 days was not given for submission of objection.

2. The learned single Judge having found that the appellant had already given objection to the notice issued under Section 15(2) of the Act, dismissed the Writ Petition with an observation that he would be given notice to participate in the enquiry. The said order is under challenge at the instance of the Writ Petitioner in W.P.No.32119 of 2017.

3. The learned counsel for the appellant contended that the Statute gives 30 days time to the land owner to submit his objection. However, only a lesser period was indicated in the notice issued to the appellant. The learned counsel further submitted that when the Statute prescribes a particular thing to be done in a particular manner, it has to be done only in that manner.

4. We have also heard the learned Additional Government Pleader appearing for the respondents.

5. There is no dispute that the third respondent had issued a notice to the appellant giving less than 30 days time for submission of objection. Section 15(2) of the Act provides for 30 days time, which has to be given in the notice calling upon the land owner to submit objection.

6. The learned single Judge found that the appellant has already submitted objection to the notice issued by the District Revenue Officer, the third respondent herein. However, the said finding is disputed by the learned counsel for the appellant under the pretext that it was not a full-fledged reply.

7. We are informed by the learned Additional Government Pleader that enquiry is posted to tomorrow (05.04.2018) and the notice has already been issued to the appellant in this regard.

8. After hearing the learned counsel for the appellant and the learned Additional Government Pleader appearing for the respondents, we are of the view that interest of justice would be subserved by giving 30 days time to the appellant to submit a objection to the notice issued by the third respondent under Section 15(2) of the Act.

9. We direct the third respondent to adjourn the enquiry beyond the period of 30 days. The appellant is given liberty to submit a comprehensive reply to the notice issued by the third respondent under Section 15(2) of the Act. It is needless to point out that notice of enquiry shall be issued afresh by the third respondent to the appellant fixing the date of enquiry after a period of 30 days.

10. The intra Court appeal is disposed of with the above direction. No costs. Consequently, C.M.P.No.6657 of 2018 is closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar To

1. The Principal Secretary to Government, The State of Tamil Nadu Highways & Minor Port, Fort St. George, Chennai - 600 009.

2. The Collector, Vellore District, Vellore - 632 009.

3. The District Revenue Officer (L.A.) Collector Office, Sathuvachari, Vellore - 632 009.

4. The Divisional Engineer (Projects) Highways Department, 5th West Cross Road, Gandhi Road, Vellore - 632 006.

+2cc to Mr.G. JEREMIAH, Advocate, S.R.No. 24832 Writ Appeal No.698 of 2018 and C.M.P.No.6657 of 2018 SSI(CO) TR(09/04/2018)