JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Interpretation and/or application of Section 26 of the Tamil Nadu Highways Act, 2001 (hereinafter referred to for the sake of brevity as ‘the said Act’) is in question in this appeal. It arises out of a judgment and order dated 21.3.2005 passed by a Division Bench of the High Court of Judicature at Madras in Writ Petition No.6820 of 2005 and Writ Appeal No.410 of 2005.

3. The basic fact involved in this matter is not in dispute.

On or about 13.2.1998 The Government of Tamil Nadu issued a Notification bearing GOMs No.32 granting permission for installation of statutes and erection of arches. In terms thereof, requisitions, seeking for permission to put up of arches and the like, were submitted to the District Collector, who, on receipt thereof was required to get reports from the Divisional Engineer of the State Highways, District Superintendent of Police etc. On receipt of such reports and on being satisfied therewith, the District Collector could make recommendations so as to enable the Government to grant or refuse to grant the requisite permission.

The Legislature of the State enacted the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act