P.Prabhakaran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.11.2024 Coram THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR P.Prabhakaran S/o.Purushothaman .. Petitioner vs
1. The District Collector O/o.District Collector Singaravelar Maligai Chennai District
2. The Divisional Engineer Division-1 Chennai Metropolitan Development Authority Chennai District
3. The Assistant Divisional Engineer Division -1 Chennai Metropolitan Development Authority
Alandur, Chennai
4. The Thasildhar O/o.Sholinganallur Thasildhar Taluk Sholinganalur Taluk Chennai District .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus to call for the records and quash the notice Thakithu.No.15/Encroachment/2024/ E.Ni.Ou/Dated 08.07.2024 by the third respondent and further direct the respondents to consider petitioner representation dated 11.07.2024 within a time limit to be stipulated by this Court.
For Petitioner :
Mr.P.Muthamizhselvakumar For Respondents :
Mr.M.S.Arasa Kumar Government Advocate for R1 - R4
O R D E R
(Order of the Court was made by M.SUNDAR, J.) Captioned writ petition has been filed with certiorarified mandamus prayer qua a 'notice dated 08.07.2024 jhf;fPJ/vz;/15Mf;fpukpg;g[-2024-,/ep/r issued by R3' [hereinafter 'impugned notice' for the sake of brevity].
2. Impugned notice calls upon the noticee Thiru. Purushothaman (petitioner's father) to remove the encroachment said to have been made in a State highway. The writ petitioner has sent a representation dated 11.07.2024 and a scanned reproduction of the same is as follows:
3. Issue notice.
4. Mr.M.S.Arasa Kumar, learned Government Advocate accepts notice for all four respondents.
5. Learned State counsel submits that impugned notice is a notice under 'Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002)' [hereinafter 'said Act' for the sake of convenience]. Section 28 of said Act reads as follows:
'28. (1) The Highways authority or any person authorised by it in this behalf shall, at such time as may be considered necessary, conduct such checks and periodical inspection, of the highway boundaries, with the view to ensure the prevention of unauthorised encroachment and the removal of such encroachment.
(2) The Highways authority or any person authorised by it in this behalf, may-- (i) remove, without any notice, any movable temporary
structure, enclosure, stall, booth, any article whatsoever hawked, exposed or displayed for sale or any other thing whatsoever by way of encroaching the highway or in any area where the construction or development of a highway is undertaken or proposed to be undertaken;
(ii) remove any immovable structure, whether permanent or temporary in nature, encroaching the highway or in the area vested with Government under this Act, after issuing a show cause notice against such removal, returnable within a period of seven days from the date of receipt thereof:
Provided that any representation received within the time limit shall be considered by the authority or officer concerned before passing final orders.'
6. Owing to the limited scope of the captioned writ petition, main writ petition was taken up in the Admission Board with the consent of both sides.
7. As regards notice, there is nothing really warranting interference and therefore, certiorari limb of the prayer is dismissed.
8. As regards mandamus limb of the prayer, in the light of proviso to Section 28(2)(ii) of said Act, the Authority or Officer concerned shall pass final order and further action shall be subject to and depending on the orders passed
by the Authority or Officer concerned.
Captioned writ petition disposed of in the aforesaid manner. There shall be no order as to costs.
[M.S.,J] [K.R.S.,J] 18.11.2024 Index: Yes/No gpa
To
1. The District Collector O/o.District Collector Singaravelar Maligai Chennai District
2. The Divisional Engineer Division-1 Chennai Metropolitan Development Authority Chennai District
3. The Assistant Divisional Engineer Division -1 Chennai Metropolitan Development Authority Alandur, Chennai
4. The Thasildhar O/o.Sholinganallur Thasildhar Taluk Sholinganalur Taluk Chennai District
M.SUNDAR,J., and K.RAJASEKAR, J., gpa 18.11.2024