Reeta Antony v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.7760 of 2025 and W.M.P.(MD)No.5886 of 2025 Reeta Antony ... Petitioner -Vs1.The District Collector, Tenkasi District.

2.The Project Director, PIU NHAI, M.S.Road, Majestic Colony, Near Iyappan Kovil, Parvathipuram, Nagercoil-03.

3.The Tahsildar, Sengkottai Taluk, Tenkasi District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the documents pertaining to the impugned order passed by the 2nd respondent vide NHAI/PIU/NGL/NH-744/ENCROACHMENT/574, dated 07.03.2025 and quash the same as illegal and consequently, to direct the respondents not to disturb the petitioner or her business unnecessarily.

For Petitioner : Mr.A.Balakrishnan For R1 & R3 : Mrs.D.Farjana Ghoushia, Special Government Pleader For R2 : Mr.Su.Srinivasan, Standing Counsel

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 notice dated 07.03.2025 issued by the 2nd respondent under Section 26(2) of the National Highways (Land and Traffic) Act, 2002, is under challenge in this Writ Petition. By the said notice, the petitioner is called upon to submit her representation within three days from it's receipt, failing which, she will be evicted from the highway land.

3.Mr.Su.Srinivasan, learned Standing Counsel, who takes notice for the 2nd respondent, submits that the petitioner has given a representation / reply to the

impugned show cause notice and the same would be considered and appropriate orders would be passed in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. 4.Recording the said submission made by the learned Standing Counsel for the 2nd respondent, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

[J.N.B., J.] & [S.S.Y., J.] 21.03.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Tenkasi District.

2.The Tahsildar, Sengkottai Taluk, Tenkasi District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.7760 of 2025 21.03.2025