The court emphasized the necessity of due process and fair consideration of representations in administrative actions under the Tamil Nadu Highways Act.

ORDER :

[M. SUNDAR, J.]

Captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) has been filed with a prayer seeking issue of a writ of certiorarified mandamus.

2. In and vide certiorari limb, a 'notice captioned 'Final Show Cause Notice' said to be under Section 28(2)(ii) of 'The TAMIL NADU HIGHWAYS ACT , 2001 (Tamil Nadu Act 34 of 2002)' [hereinafter 'said Act' for the sake of convenience and clarity] issued by R1 [The Assistant Divisional Engineer (H) (C&M), Tambaram Sub Division, Tambaram, Chennai]' {hereinafter 'impugned notice' for the sake of convenience and clarity} has been assailed.

3. As regards the mandamus limb, there is a prayer to dispose of the writ petitioner's representation to R2 [The Tahsildar, Taluk Office, NH32, Chitlapakkam, West Tambaram, Chennai] being a representation dated 18.04.2025 vide which writ petitioner has made an application under Section 10 of 'The Tamil Nadu Patta Passbook Act, 1986' (hereinafter 'Patta Passbook Act' for the sake of convenience and clarity) and has sought modification of existing patta.

4. Learned counsel for writ petitioner submits that writ petitioner was earlier show caused vide notice dated 23.09.2024 issued by R2, the same was assailed in this Court by writ petitioner in and by W.P.No. 33500 of 2024 and the same was disposed by this Court in and by an order dated 17.12.2024 inter-alia saying that 23.09.2024 notice shall be treated as show cause notice, representation if any in response to the show cause notice shall be made, the same shall be considered and final order shall be made under proviso to Section 28(2)(ii) of said Act. Learned counsel submits that post our earlier order dated 17.12.2024, writ petitioner has sent a reply dated 21.12.2024 but without considering the same and passing an order in accordance with Section 28 (2)(ii) proviso of said Act, the impugned notice has been issued.

5. Issue notice.

6. Mr.V.Ravi, learned Special Government pleader accepts notice for both respondents and learned State counsel very fairly submitted that the impugned notice will now be withdrawn and final order in accordance with earlier order of this Court dated 17.12.2024 in W.P.No.33500 of 2024 shall be made. We appreciate this fair submission and we deem it appropriate to write that this has made the legal drill at hand fairly simple. Therefore, with the consent of learned counsel on both sides, the main WP is taken up in the Admission Board.

7. The following order is made:

7.1 Impugned notice being final show cause notice dated 15.04.2025 purportedly under Section 28(2)(ii) proviso of said Act issued by R1 stands withdrawn;

7.2 As regards 23.09.2024 notice, it is construed as show cause notice, writ petitioner has sent reply dated 21.12.2024, the same shall be considered and R1 shall make an order after considering the same in accordance with Section 28(2)(ii) proviso of said Act;

7.3 The order made by R1 in the aforesaid manner shall be duly served on the writ petitioner under due acknowledgement within five working days from the date of the order;

7.4 As regards the representation dated 18.04.2025 sent by writ petitioner to R2, a scanned reproduction of the same is as follows:

7.5 R2 shall consider aforereferred representation and pass orders on the same on its own merits and in accordance with law as expeditiously as the business of R2 permits but in any event within six weeks from today i.e., on or before 11.06.2025;

7.6 The order made by R2 in this regard in the aforesaid manner shall also be duly served on the writ petitioner under due acknowledgement within five working days from the date of order;

7.7 As the impugned notice stands withdrawn, writ petitioner's reply dated 21.04.2025 in response to the impugn