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2021 Supreme(Mad) 1911

S.M.SUBRAMANIAM
K. Deivanayagi Ammal – Appellant
Versus
Chief Engineer, National Highways, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sunny, Srimathi.
For the Respondents: K.M.D. Muhilan.

JUDGMENT :

S.M. SUBRAMANIAM, J.

Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records in the proceedings No. nil, dated 27.12.2013, on the file of the second respondent and quash the same as illegal, incompetent and unconstitutional and further for bearing the respondents, their men, agents and servants from interfering with the petitioner's holdings at S. No. 82, situated at Village No. 156, Mamallapuram Township, Kancheepuram District.

1. The notice dated 27.12.2013 issued by the second respondent is under challenge in the present writ petition.

2. The petitioner states that his property is located at the Highway leading Chennai to Mamallapuram via Kovalam. The property is on the western side of the road. The petitioner purchased the said subject property for a valuable consideration on 25.08.1988 and 27.03.1990. Patta was also transferred in the name of the petitioner. Under these circumstances, the second respondent/The Assistant Divisional Engineer (Highways) C&M Chengalpattu, issued the impugned notice under Section 28 of the Tamil Nadu Highways Act, 2001 [hereinafter referred to as the High

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