Madras High CourtWP/16283/2021disposed of

S.Durairaj v. The Assistant Divisional Engineer

2022-02-03Honourable Mr Justice V.Sivagnanam,Honourable Mr Justice K. Kalyanasundaram5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.NOS.16283, 16369, 16286 OF 2021 AND W.M.P.NOS.17234, 17239, 17344, 28736, 28744 AND 28750 OF 2021 S.Durairaj ... Petitioner in W.P.No.16283 of 2021 V.Kalaiyarasn ... Petitioner in W.P.No.16286 of 2021 V.Balamurugan ... Petitioner in W.P.No.16369 of 2021

Versus

1. The Assistant Divisional Engineer, The Assistant Divisional Engineer Office, (Highways Construction & Maintenance), Kodavasal, Tiruvarur District.

2. The State of Tamil Nadu, PWD (Public Works Dept.), Rep. by the Secretary to the Government, Secretariat, Chennai - 600 009.

3. The Chief Engineer, PWD (Public Works Dept.), Ezhilagam, Kamarajar Salai, Chepauk, Chennai 600 005.

4. The District Collector, Collector Office,

5. The District Revenue Officer, Revenue Department,

6. The Tahsildar, Tahsildar Office,

7. The Divisional Engineer, Divisional Engineer Office (Highways), Construction and Maintenance, Tiruvarur.

8. The Executive Engineer (Delta), Public Works Department, Cauvery Vadinelakottam, Thanjavur.

9. The District Health Officer, Health Department,

10. Marguerite Madarasi Joseph

11. The Chief Secretary to Government of Tamil Nadu, Secretariat, Chennai - 9.

Respondents in all the petitions [R11, suo-motu impleaded, vide order of this Court, dated 06.08.2021 in WP.Nos.16283, 16286 & 16369 of 2021] PRAYER IN W.P.NO.16283 & 16286 OF 2021:- Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned eviction notice of the first respondent dated 20.07.2021 and quash the same and direct the respondents 3 to 9 to issue notice to the petitioner herein for personal hearing as per direction of Division Bench of this Court in W.P.No.119445 of 2021, dated 13.05.2021. PRAYER IN W.P.NO.

16369 OF 2021:- Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned eviction notice of the first respondent dated 20.07.2021 issued in the name of Subramani and quash the same and direct the respondents 3 to 9 to issue notice to the petitioner herein for personal hearing as per direction of Division Bench of this Court in W.P.No.11945 of 2021, dated 13.05.2021.

For petitioner : Mr.Thamizhavel (in all the petitions) For Respondents (in all the petitions) For RR1 to 9 & 11 : Mr.K.V.Sajeev Kumar For R10 : Mr.P.Paul Selvam C O M M ON O R D E R (The Order of the Court was made by K.KALYANASUNDARAM, J) These Writ Petitions are heard through video conferencing.

2. These Writ Petitions have been filed challenging the eviction notice issued by the first respondent dated 20.07.2021.

3. It is the case of the petitioners that the notice impugned in these Writ Petitions has been issued pursuant to the orders passed in W.P.No.11945 of 2021, however, without conducting any enquiry, as per the order of this Court. The first respondent/Assistant Divisional Engineer has filed a counter affidavit seeking permission to withdraw the impugned notice and take further action as per Section 28 (2) of the Highways Act.

4. In view of the above, these Writ Petitions are disposed of as per the undertaking given by the first respondent in his counter and he shall take further action in accordance with law under Section 28 (2) of the Act. Needless to mention that the directions issued in W.P.No.11945 of 2021 shall be scrupulously followed by the respondents. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar pvs