Jayaraman v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P. No.18679 of 2024 in W.P.No.16962 of 2024 Jayaraman ... petitioner Vs.
1.The District Collector, Chengalpattu District, Chengalpattu.
2.Assistant Divisional Engineer, Chennai Kanyakumari Industrial Corridor Project, Highways Department, Kancheepuram.
... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the impugned notice dated 11.06.2024 issued under Section 28(2) of Tamil Nadu Highways Act, 2001 by the second respondent and to quash the same.
For Petitioner :
Mr.M.Jaikumar For Respondents :
Mr.A.Selvendran, Spl. Govt. Pleader Page Nos.1/8
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' ['WP' for the sake of brevity] pertains to a notice dated 11.06.2024 issued by R2 (Assistant Divisional Engineer, Chennai Kanyakumari Industrial Corridor Project, Highways Department, Kancheepuram).
2. The aforementioned '11.06.2024 notice issued by R2' shall hereinafter be referred to as 'impugned notice' for the sake of convenience and clarity. To be noted, impugned notice pertains to removal of dwelling houses on Kanchipuram Highway.
3. Mr.M.Jaikumar, learned counsel for writ petitioner is before us.
4. A careful perusal of the impugned notice makes it clear that even according to R2, notice has been issued under Section 28(2) of 'The Tamil Nadu Highways Act, 2001' (hereinafter 'said Act' for the sake of convenience and clarity).
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5. Learned counsel for writ petitioner, notwithstanding very many averments in the support affidavit and grounds thereat predicated his campaign against the impugned notice on the ground that Section 28(2) of said Act envisages the noticee being show caused.
6. Issue notice.
7. Mr.A.Selvendran, learned Special Government Pleader accepts notice for respondents.
8. Learned State counsel on instructions submits that the land in which the petitioner's house is situate now vests in the State Highways, compensation has been paid to the writ petitioner and other similarly placed persons and even alternate site has been allotted to the writ petitioner and other similarly placed persons. We are not expressing any opinion on this at this stage as Section 28(2) of said Act statutorily envisages the noticee being show caused before action.
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9. In the light of the narrative thus far, the scope of main WP has shrunk and considering the limited legal landscape within which legal drill on hand should perambulate, with the consent of learned counsel on both sides, main WP was taken up in the Admission Board and the following order is made:
9.1 Impugned notice being notice dated 11.06.2024 issued by R2 (Assistant Divisional Engineer, Chennai Kanyakumari Industrial Corridor Project, Highways Department, Kancheepuram) notwithstanding the language in which it is couched, shall now be treated as show cause notice (SCN) within the meaning of Section 28(2)(ii) of said Act. To be noted, this 11.06.2024 notice issued by R2 as placed before us is as follows:
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9.2 Writ petitioner would respond/show cause to the aforementioned notice within seven days from today i.e., 04.07.2024;
9.3 R2 shall consider the response and representation (if any) before passing final orders;
9.4 On R2 passing final orders, law will take its course and the matter will be carried to its logical end on merits of the response/representation (if any) and in accordance with law.
10. Captioned WP is disposed of in the aforesaid manner with the aforesaid directive and observation. Consequently, captioned Writ Miscellaneous Petition (WMP) is disposed of as closed. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 27.06.2024 Index : Yes / No Page Nos.6/8
mmi To 1.The District Collector, Chengalpattu District, Chengalpattu.
2.The Assistant Divisional Engineer, Chennai Kanyakumari Industrial Corridor Project, Highways Department, Kancheepuram.
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M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mmi 27.06.2024 Page Nos.8/8