Balu Alias Balakrishnan v. The Divisional Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) Nos.2230 of 2018 & 16776 of 2019 Balu @ Balakrishnan ... Petitioner -vs1.The Divisional Engineer (Highways) Office of the Divisional Engineer (Highways) Dindigul District 2.The Assistant Divisional Engineer (Highways) Construction and Maintenance Kodaikanal, 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 order passed by the second respondent in his proceedings in Na.Ka.No.92/2017/A1, dated 28.12.2017 in respect of house and Tin Shed, Saloon Shop and quash the same as illegal.

For Petitioner :

Mr.K.Kulanthai Vickram For Respondents :

Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The notice dated 28.12.2017, issued by the second respondent under Section 28(2) of the Tamil Nadu Highways Act, 2001, directing the petitioner to remove the encroachments made by him in the subject property is under challenge in this writ petition.

2. According to the petitioner, he was not given an opportunity to submit his objections before the impugned notice is issued.

3. A perusal of the impugned notice shows that though it appears to be one as a show-cause notice, the terms of the said notice indicate that it is a final order directing removal of encroachments made by the petitioner. Further, there is no reference with regard to the objections of the petitioners were called for.

4. In the said circumstances, this Court is inclined to pass the following orders:

(i) The writ petition is allowed.

(ii) The impugned notice, dated 28.12.2017, issued by the second respondent, is quashed, on the ground of violation of principles of natural justice.

(iii) The impugned notice, dated 28.12.2017, issued by the second respondent, shall be treated as a showcause. (iv) The petitioner is directed to submit his objections / explanations to the show-cause notice, within a period of two weeks from the date of receipt of a copy of this order.

(v) After receiving the objections / explanations from the petitioner as directed above, the respondents shall pass appropriate orders on merits and in accordance with law for removal of encroachments, within a period of eight weeks thereafter.

(vi) No costs. Consequently, connected miscellaneous petitions are closed.

[D.K.K., J.] [R.V., J.] 08.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Divisional Engineer (Highways), Office of the Divisional Engineer (Highways), Dindigul District.

2.The Assistant Divisional Engineer (Highways), Construction and Maintenance, Kodaikanal, Dindigul District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk and W.M.P.(MD) Nos.2230 of 2018 & 16776 of 2019 08.02.2024