S.Rajalingam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P. No.19272 of 2024 in W.P.No.17485 of 2024 S.Rajalingam ... Petitioner Vs.
1.The District Collector Chengalpet District, Chengalpet.
2.The Tahsildar, Tirupporur Taluk, Chengalpet District.
3.The Assistant Divisional Engineer (Highways) Construction and Maintenance, Office of the Tamil Nadu Highways Department, Chenglepet.
... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari calling for records relating to the eviction order issued by the 3rd respondent dated 27.02.2024 under Section 28 (2) (ii) of the Tamil Nadu Highways Act, 2001 and quash the same.
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For Petitioner :
Mr.Dural Gunasekaran For Respondents :
Mr.T.K.Saravanan Government Advocate
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) has been filed assailing a 'notice dated 27.02.2024 issued by R3 ( The Assistant Divisional Engineer (Highways), Construction and Maintenance, Office of the Tamil Nadu Highways Department, Chenglepet)' (hereinafter 'impugned notice' for the sake of convenience and clarity). A scanned reproduction of the impugned notice is as follows:
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2. Learned counsel for writ petitioner submits that the writ petitioner has to be show caused.
3. Issue notice to respondents.
4. Mr.T.K.Saravanan, learned Government Advocate accepts notice for all three respondents.
5. Mr.T.K.Saravanan, learned Government Advocate submits that the impugned notice has been issued as there is an earlier order of this Court which has been referred to in the impugned notice itself. (W.P. No.17801 of 2017).
6. Considering the limited scope of the captioned WP, main WP is taken up in the Admission Board with the consent of both sides.
7. Impugned notice is one issued under Section 28(2)(ii) of 'The Tamil Nadu Highways Act, 2001' (hereinafter 'said Act' for the sake of convenience and clarity) which has been set out in the impugned Page Nos.4/7
notice itself. Section 28(2)(ii) of said Act provides for noticee being show caused giving seven days notice. In the case on hand, learned counsel for writ petitioner submits that the noticee (writ petitioner) responded on 04.03.2024.
8. Therefore, the impugned notice shall now be treated as 'show cause notice' (SCN) and the writ petitioner's reply dated 04.03.2024 shall be treated as cause shown and the respondents shall proceed with the matter further on its own merits and in accordance with law.
9. Captioned WP is disposed of with the aforementioned directive making it clear that we have not expressed any view or opinion on merits of the matter. Consequently, captioned WMP is disposed of as closed. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 26.07.2024 Index : Yes / No mmi Page Nos.5/7
To 1.The District Collector Chengalpet District, Chengalpet.
2.The Tahsildar, Tirupporur Taluk, Chengalpet District.
3.The Assistant Divisional Engineer (Highways) Construction and Maintenance, Office of the Tamil Nadu Highways Department, Chenglepet.
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M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mmi 26.07.2024 Page Nos.7/7