S.Jesuraj v. The Assistant Divisional Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.3035 of 2025 and W.M.P.(MD)Nos.2107 &2108 of 2025 S.Jesuraj ... Petitioner -Vs1.The Assistant Divisional Engineer, Highways Department, (Construction and Maintenance), Authoor, Dindigul District.
2.The Assistant Engineer, Highways Department, (Construction and Maintenance), Authoor, Dindigul District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned eviction notice issued by the 1st respondent in Ku.No.18/E.Va.A/2025, dated 08.01.2025 in respect of the petitioner's patta land and quash the same as illegal and for other reliefs.
For Petitioner : Mr.J.Lawrance For Respondents : Mr.J.Ashok, Additional Government Pleader
ORDER
[Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2.The eviction notice dated 08.01.2025 issued by the 1st respondent is under challenge in this Writ Petition.
3.Mr.J.Lawrance, learned counsel appearing for the petitioner would submit that the impugned eviction notice is issued to various persons, those who have encroached the land classified as Highways Poramboke. However, there is no mentioning about the survey number, where the encroachments have been made.
4.Mr.J.Ashok, learned Additional Government Pleader, who takes notice for the respondents, fairly submits that there is no survey number mentioned in the eviction notice. Therefore, fresh notice along with all particulars, including survey number would be issued to the petitioner.
5.We have heard the learned counsel on either side and perused the materials available on record, particularly, impugned eviction notice of the 1st respondent dated 08.01.2025.
6.A perusal of the eviction notice would show that the encroachment made on the road margin, which is obstructing the road widening work from Veerakkal Koothampatti Stretch ie., 1⁄4 km to 2/0 km at Veerakkal, Koothampatti and from 3⁄4 km to 4/0 km upto Vannampatti is directed to be removed within a period of 15 days. However, the said impugned eviction notice is bereft of particulars in respect of survey number. Therefore, on this ground, the same is liable to be set aside, accordingly, it is set aside. However, the 1st respondent is at liberty to issue fresh notice to the encroachers by mentioning the survey number. 7.With the above direction, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. [J.N.B., J.] & [L.V.G., J.] 10.02.2025 NCC : Yes / No Index : Yes / No Yuva
To 1.The Assistant Divisional Engineer, Highways Department, (Construction and Maintenance), Authoor, Dindigul District.
2.The Assistant Engineer, Highways Department, (Construction and Maintenance), Authoor, Dindigul District.
J.NISHA BANU, J.
AND L.VICTORIA GOWRI , J.
Yuva W.P.(MD)No.3035 of 2025 10.02.2025