Loganathan v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2024 CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI W.P.No.26610 of 2024 1.Loganathan 2.Boobalan 3.Munusamy 4.Parvathy 5.Devaraj 6.Arumugam 7.Prembabu 8.Dhanam 9.Saroja 10.Senthilkumar 11.Shanmugakani 12.Jothi 13.Manju Rajkumar 14.Indra Ananthi 15.Lalitha 16.Ramu 17.Pushpa 18.Suresh 19.Seeman 20.Dhanam 21.Stalin 22.Vanaroja 23.J.Rajini .. Petitioners
Vs 1.The Government of Tamil Nadu rep. by its Secretary to Government, Highways and Minor Ports Department, Fort St. George, Chennai-600 009.
2.The District Collector Office of Collectorate, Thiruvallur, Thiruvallur District.
3.The Land Acquisition Officer, Special District Revenue Officer and Management (Land Acquisition), Chennai Peripheral Ring Road, Guindy, Chennai 600 025.
4. The Special Tahsildar (Land Acquisition) - Unit - I Chennai Peripheral Ring Road, No.351, Rajajai Street, Thiruvekatapuram, Ponneri, Thiruvallur 601 204.
5.The Junior Engineer (Highways), Highways Department, Ponneri Division, Ponneri 601 204.
.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the entire records of the fifth respondent relating to the issuance of impugned Public Notice dated 28.08.2024 and quash the same and consequently direct the respondents to follow the provisions of Central Act 30 of 2013.
For the Petitioners : Mr.N.Nithianandam For Respondents : Mr.K.Karthik Jagannath Government Advocate
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Seeking to quash the public notice dated 28.8.2024 issued by the fifth respondent directing removal of the constructions/structures put up by encroaching the lands belonging to the Highways Department within seven days and further stating that in default the same would be removed invoking Section 28(2)(ii) of the Tamil Nadu Highways Act, 2001, the present writ petition is filed.
2. The main plank of the argument advanced by learned counsel for the petitioners is that the petitioners are in possession of the lands in question for several decades and, all of a sudden, the impugned public notice has been issued directing them to remove the constructions/structures, without affording an
opportunity of hearing to the petitioners. He added that the procedure followed by respondents is far removed from the procedure contemplated under the Act and is in gross violation of the elementary principles of natural justice.
3. Learned Government Advocate, on instructions, submitted that the impugned notice may be treated as a show cause notice and the petitioners may be directed to submit their objections, if any, and after considering the objections of the petitioners, necessary action in accordance with law would be taken.
4. In the light of the submissions made, more particularly the fact that no individual prior notice was issued to the petitioners before issuing the impugned public notice dated 28.8.2024, we dispose of the writ petition with the following directions: (i) The impugned public notice dated 28.8.2024 shall be treated as a show cause notice and the petitioners shall submit their objections within two weeks from the date of receipt of a copy of
this order, enclosing all the documents on which reliance is sought to be placed;
(ii)The fifth respondent shall consider the objections submitted by the petitioners, on merits and in accordance with law, and, thereafter take necessary action in accordance with law, if any encroachments are found; and (iii)The entire exercise shall be concluded within twelve weeks from the date of receipt of a copy of this order.
There shall be no order as to costs. Consequently, W.M.P.Nos.29136, 29137, 29138 of 2024 are closed. W.M.P.No.29122 of 2024 filed to permit the petitioners to file a single writ petition is ordered.
(D.K.K., ACJ.) (P.B.B, J.) 11.09.2024 Index :
Yes/No NC :
Yes/No sasi
To:
1.The Secretary to Government, Government of Tamil Nadu Highways and Minor Ports Department, Fort St. George, Chennai-600 009.
2.The District Collector Office of Collectorate, Thiruvallur, Thiruvallur District.
3.The Land Acquisition Officer, Special District Revenue Officer and Management (Land Acquisition), Chennai Peripheral Ring Road, Guindy, Chennai 600 025.
4. The Special Tahsildar (Land Acquisition) - Unit - I Chennai Peripheral Ring Road, No.351, Rajajai Street, Thiruvekatapuram, Ponneri, Thiruvallur 601 204.
5.The Junior Engineer (Highways), Highways Department, Ponneri Division, Ponneri 601 204.
THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.
(sasi) W.P.No.26610 of 2024 11.09.2024