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Madras High CourtWP(MD)/24993/2025allowed

Kalaikannan M v. The Revenue Divisional Officer

2025-09-12Honourable Dr Justice Anita Sumanth,Honourable Mr. Justice C.Kumarappan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P(MD)No.19614 of 2025 M.Kalaikannan ... Petitioner Vs.

1.The Revenue Divisional Officer, O/o.Revenue Divisional Office, 2.The Divisional Engineer, 3.The Assistant Engineer, 4.The Tahsildar, O/o.Tahsildar, Vadipatti, ... Respondents 1/4

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the second respondent in Ka.No.17/2025/A4 dated 29.08.2025 and quash the same. For Petitioner : Ms.Rajalakshmi For RR 1 to 4 : Mr.M.Sarangan Additional Government Pleader

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) Mr.M.Sarangan, learned Additional Government Pleader who appears for the respondents would fairly submit that the impugned order dated 29.08.2025 passed by the second respondent/Divisional Engineer, Highways, Madurai ought to have been preceded by a show cause notice in terms of the provisions of Section 28(2)(ii) of the Tamil Nadu Highways Act, 2001, which has not been issued.

2. In such circumstances, the impugned order is set aside and shall be treated as a show cause notice by the petitioner, who shall file a reply to the same within a period of two (2) weeks from today. Upon 2/4

receipt of the reply, the petitioner shall be heard and proceedings concluded in accordance with law, within a period of four (4) weeks from date of personal hearing.

3. This Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

[A.S.M.J.,] & [C.K.J.,] 12.09.2025 NCC :Yes/No Index :Yes/No Internet :Yes sl To 1.The Revenue Divisional Officer, O/o.Revenue Divisional Office, 2.The Divisional Engineer, DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

3/4

sl 3.The Assistant Engineer, 4.The Tahsildar, O/o.Tahsildar, Vadipatti, 12.09.2025 4/4