Back
K. R. SHRIRAM., MOHAMMED SHAFFIQ
Mariappan – Appellant
Versus
District Collector, District Collectorate, Theni Dist. – Respondent
ORDER :
(K.R. Shriram., C.J.)
(PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records pertaining to the impugned Notice in Ku.No.07/2024/Eva.A dated 18.10.2024 issued by the fourth respondent and quash the same as illegal and consequently direct the respondents to conduct a joint survey of the S.F.Nos.356 and Old S.F.No.125, Erathimakkalpatti Village, Okkaraipatti Post, Andipatti Taluk, Theni District in petitioner's presence and prepare the sketch clearly demarcating the portion acquired by the Highways Division and the boundaries of petitioner's land situated in S.F.No.365/13, Erathimakkalatti Village, Okkaraiatti Post, Andipatti Taluk, Theni District.)
The short issue in this petition is that the impugned order dated 18th October, 2024 has been passed without considering petitioner's reply dated 19th September, 2024 to the show cause notice and also without giving a personal hearing to the petitioner.
2. Shri M.Pozhilan submitted that Sub Section (2) (ii) of Section 28 of the Tamil Nadu Highways Act, 2001, envisages a notice be given before any immovable structure is removed and the proviso thereto al
The authority must consider representations before issuing final orders, and such consideration must be reflected in the order to ensure procedural fairness.
Authorities must mandatorily consider timely representations under Section 28 proviso before issuing final encroachment removal orders.
Highway authorities must consider petitioner's representation and documents before enforcing removal of identified encroachments under Section 28(2)(ii) of the Highways Act following final notice.
The court ruled that a notice regarding encroachment must be treated as a Show Cause Notice, requiring a response before any coercive action can be taken.
Notices for removal of encroachments must include specific survey numbers to ensure compliance with statutory requirements and allow for effective response.
A statutory notice under the Tamil Nadu Highways Act for encroachments is valid unless issued by an incompetent authority, emphasizing the necessity of public safety and removal of encroachments.
An administrative notice that precludes an opportunity for defense contravenes principles of natural justice and cannot sustain legal scrutiny.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
