M.Paulpandian v. The Project Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.06.2024
CORAM:
THE HON'BLE MR. JUSTICE G.K. ILANTHIRAIYAN W.P. Nos.24868, 33140, 33142 & 33143 of 2022 and W.M.P.Nos.23806, 23807, 32537, 32538, 32539, 32544, 32545, 32546 & 32548 of 2022
1. M.Paulpandian ... Petitioner in W.P.24868 of 2022
2. Thiruvengadam ... Petitioner in W.P.33140 of 2022
3. V.Rajkumar ... Petitioner in W.P.33142 of 2022
4. Hemavathi ... Petitioner in W.P.33143 of 2022 vs.
The Project Director, PIU - Kancheepuram, National Highways Authority of India, No.7/16, Govindarajan Street, Tamabaram West, Chengalpattu District - 600 045.
.... Respondent in all W.Ps'
Common Prayer : Writ Petition is filed under Article 226 of Constitution of India to issue a writ of Certiorarified Mandamus calling for the records pertaining to the notice No.NHAI/11036/19/2018/PIU Kanchee/1920 dated 14.06.2022, Notice No.NHAI/11036/19/2018/PIU Kanchee/1922 dated 14.06.2022, Notice No.NHAI/11036/19/2018/PIU Kanchee/1919 dated 14.06.2022 and Notice No. NHAI/11036/19/2018 /PIU Kanchee/1921 dated 14.06.2022 and to quash the same and consequently direct the first respondent not to evict the petitioners from the property.
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(In all W.Ps') For Petitioners : Mr.M.A.Abdul Wahab For Respondent : Mr.SU. Srinivasan COMMON
ORDER
These writ petitions have been filed challenging the notice dated 14.06.2022 issued by the respondent thereby directed the petitioners to remove unauthorized occupation within seven days from the date on which notices were served to them.
2. On perusal of the notice dated 14.06.2022 revealed that, the petitioners were permitted to make representation within a period of three days from the date of receipt of notice served to the petitioners. On receipt of the said notice, the petitioners also submitted explanation. Therefore, challenging of notice dated 14.06.2022 does not arise since the petitioners accepted the said notice and submitted their reply. Hence, all the writ petitions are devoid of merits and liable to be dismissed. Except the petitioner in WP.No.24868 of 2022, others have not submitted their reply.
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3. Therefore, it is made clear that if the petitioners so far failed to make any reply, the petitioners are at liberty to submit their reply within a period of one week from the date of receipt of copy of this order. On receipt of the same, the respondent is directed to conduct enquiry after giving opportunity of hearing to the petitioners on the explanation submitted by the petitioners for the notice dated 14.06.2022 and pass appropriate orders on merits in accordance with law within a period of two weeks from the date of receipt of reply from the petitioners. If the petitioners failed to submit their reply, the respondent is at liberty to proceed against the petitioners in accordance with law.
4. With the above direction, these writ petitions are dismissed. Consequently, connected miscellaneous petitions are closed. No order as to costs.
07.06.2024 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order gvn Note:
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Issue order copy on 07.06.2024 4/4
G.K. ILANTHIRAIYAN, J.
gvn To The Project Director, PIU - Kancheepuram, National Highways Authority of India, No.7/16, Govindarajan Street, Tamabaram West, Chengalpattu District - 600 045.
W.P. Nos.24868, 33140, 33142 & 33143 of 2022 07.06.2024 5/4