K.Chellamuthu v. The Assistant Divisional Engineer(Highways)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.05.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) No.10801 of 2025 K.Chellamuthu ... Petitioner vs.

1.The Assistant Divisional Engineer (Highways), Construction and Maintenance, State Highway Department, Vaigaidam Road, Sakkampatti, Aundipatti, 2.The Tahsildar, Aundipatti Taluk, Aundipatti, 3.The Taluk Surveyor, Aundipatti Taluk, Aundipatti, 4.The Village Administrative Officer, Rajathani Village, Rajathani, 1/5

Aundipatti Taluk, 5.The Village Administrative Officer, Kathirnarasingapuram Village, Kathirnarasingapuram, Aundipatti Taluk, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the entire records related to the impugned order dated 29.04.2025 passed by the 1st respondent in Se.Mu.Ka.No.09(2)/2025/E.Va.A and quash the same. For Petitioner : Mr.N.Pragalathan For Respondents : Mr.J.K.Jeyaseelan Government Advocate

ORDER

(Order of the Court was made by S.SRIMATHY, J.) The writ petition has been filed challenging the order passed by the first respondent dated 29.04.2025.

2.The impugned order states that the petitioner has not submitted any objection. However, from the perusal of records, it is seen that the petitioner has 2/5

submitted an objection on 17.02.2025 and in this regard, an acknowledgement card has also been enclosed in the typed set of papers. Therefore, the impugned order is patently wrong and is accordingly, set aside. 3.In fine, the Writ Petition stands allowed. The first respondent is directed to consider the objection of the petitioner dated 17.02.2025 and thereafter, pass appropriate orders on merits and in accordance with law, after affording sufficient opportunity of personal hearing to the petitioner and the interested parties, if any, as expeditiously as possible. No costs. Consequently, connected Miscellaneous Petition is closed.

[S.S.Y.,J.] & [R.V.,J.] 21.05.2025 NCC : Yes / No Index : Yes / No Internet : Yes mm To 1.The Assistant Divisional Engineer (Highways), Construction and Maintenance, State Highway Department, Vaigaidam Road, 3/5

Sakkampatti, Aundipatti, 2.The Tahsildar, Aundipatti Taluk, Aundipatti, 3.The Taluk Surveyor, Aundipatti Taluk, Aundipatti, 4.The Village Administrative Officer, Rajathani Village, Rajathani, Aundipatti Taluk, 5.The Village Administrative Officer, Kathirnarasingapuram Village, Kathirnarasingapuram, Aundipatti Taluk, 4/5

S.SRIMATHY , J.

and R.VIJAYAKUMAR , J.

mm ORDER MADE IN W.P(MD) No.14584 of 2025 DATED : 21.05.2025 5/5