Mr.Perumal, v. The Divisional Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.Nos.18319 to 18321 of 2016 Mr.Perumal S/o Peria Pazhani ..
Petitioner in W.P.No.18319 of 2016 Mr.Chellamuthu S/o Pazhani ..
Petitioner in W.P.No.18320 of 2016 Maduraiveeran Koil Private Temple rep.by its Administrator, Mr.Sengodan S/o Perumal S.No.12, Talakulam Village Varadanallur, Bhavani Taluk Erode District ..
Petitioner in W.P.No.18321 of 2016 -vs1. The Divisional Engineer Highways Department Construction and Maintenance Division Government of Tamil Nadu Moolapalayam, Erode-2
2. The Asst. Divisional Engineer Highways Department Construction and Maintenance Division Government of Tamil Nadu Bhavani Taluk, Erode District ` ` ..
Respondents in all the writ petitions Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, forbearing the respondents from initiating any action pursuant to the show cause notices dated 03.05.2016 issued to the petitioners under Sec.28(ii) of the Tamil Nadu Highways Act, 2001 by the second respondent.
For Petitioners ::
Mr.S.D.Venkateswaran For Respondents ::
Mr.P.S.Sivashanmugasundaram Special Government Pleader
ORDER
(Order of the Court was delivered by HULUVADI G.RAMESH, J.) The petitioners have sought for issuance of a writ of mandamus, forbearing the respondents from initiating any action pursuant to the show cause notices dated 03.05.2016 issued to them under Sec.28(ii) of the Tamil Nadu Highways Act, 2001 by the second respondent.
2. Heard the learned counsel for the petitioners and the learned Special Government Pleader taking notice on behalf of the respondents.
3. The claim of the petitioners is that they are the absolute owners of the buildings bearing Door No.5, Survey No.12, Talakulam Village, Varadanallur, Bhavani Taluk, Erode District, Door No.24, Survey No.12, Talakulam Village, Varadanallur, Bhavani Taluk, Erode District and Survey No.12, Talakulam Village, Varadanallur, Bhavani Taluk, Erode District respectively and they have also put up superstructures and obtained electricity service connection and paying the statutory levies. However, to their shock and surprise, the second respondent has issued the impugned show cause notices dated 3.5.2016 under Section 28(ii) of the Tamil Nadu Highways Act, 2001 calling upon the petitioners to remove the encroachment, failing which action would be taken to remove the same. Although the petitioners have submitted their detailed representations on 6.
5.2016, without adjudicating the same, the respondents are taking steps to dispossess them. Hence they have filed the writ petitions for the relief as stated above and this Court, by order dated 25.5.2016, has also granted an interim order of status quo.
4. Admittedly the petitioners, on receipt of the show cause notices, have submitted their representations dated 6.5.2016 and the same are yet to be adjudicated by the respondents. In such circumstances, we direct the respondents to consider the representations on merit and pass appropriate orders in accordance with law within a period of three weeks from the date of receipt of a copy of this order. Till such time final orders are passed on the representations, the order of status quo granted already will continue. It is made clear that the petitioners can also appear before the authority concerned, who shall be heard in the matter before passing final orders. With
this direction, the writ petitions are disposed of. Consequently, W.M.P.Nos.16026 to 16028 of 2016 are closed. No costs.
Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ss To
1. The Divisional Engineer Highways Department Construction and Maintenance Division Government of Tamil Nadu Moolapalayam Erode-2
2. The Asst. Divisional Engineer Highways Department Construction and Maintenance Division Government of Tamil Nadu Bhavani Taluk, Erode District 3 cc to Mr.S.D.Venkateswaran, Advocate, sr.32236 1 cc to Government Pleader, sr.32417 W.P.Nos.18319 to 18321 of 2016 ctk co kra 29.06.2016