A.Abdul Hakkim, v. The Assistant Divisional Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) No.12931 of 2025 A.Abdul Hakkim ... Petitioner Vs The Assistant Divisional Engineer, National Highways, 50, Sundarraj Nagar, Highways Colony, Pudukkottai Road, Trichy 20.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to respondent proceedings made in K.No. 12/Encroachment/N.H.336/A1/2025, dated on 06.06.2025 quash the same and further direct the respondent to permit the petitioner to submit his explanation and conduct an enquiry as per section 26 of the control of National Highways(Land and Traffic), Act, 2002. 1/4

For Petitioner :

Mr.R.Sundar, For Respondent :

Mr.S.P.Maha Rajan Special Government Pleader

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The notice dated 06.06.2025 issued by the Assistant Divisional Engineer, National Highways is under challenge in the present writ petition.

2.The said notice would not provide cause for institution of writ proceedings.

3.The learned counsel for the petitioner would submit that no reasonable time has been granted to submit explanation in response to the notice and therefore, the petitioner has chosen to file the present writ petition.

4.In view of the above said submission, this Court is inclined to grant liberty to the petitioner to submit his explanation along with the 2/4

documents to the respondents within a period of ten days from today. On receipt of any such representation, the respondent shall consider the same and thereafter take a decision and remove the encroachments and utilize the national highways property for road expansion or any other public purposes. The entire exercise is directed to be completed within a period of eight weeks from the date of receipt of copy of this order. 5.Accordingly, this writ petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

[S.M.S., J.] [A.D.M.C., J.] 24.06.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No LR To The Assistant Divisional Engineer, National Highways, 50, Sundarraj Nagar, Highways Colony, Pudukkottai Road, Trichy 20.

3/4

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

LR 24.06.2025 4/4