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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M. SUNDAR, K. GOVINDARAJAN THILAKAVADI
G.E. Gnanadas – Appellant
Versus
Assistant Divisional Engineer (H) (C&M), Tambaram Sub Division, Tambaram, Chennai – Respondent
| Table of Content |
|---|
| 1. petition for writ against notice interference. (Para 1 , 2 , 3) |
| 2. past notice and response lead to current petition. (Para 4) |
| 3. court acknowledges withdrawal of notice. (Para 5 , 6) |
| 4. final order based on further decisions by r1. (Para 8) |
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,
The court emphasized the necessity of due process and fair consideration of representations in administrative actions under the Tamil Nadu Highways Act.
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.
Writ Petition against issuance of a notice is not maintainable unless issued by incompetent authority.
The authority must consider representations before issuing final orders, and such consideration must be reflected in the order to ensure procedural fairness.
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.
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.
Representation under Section 28(2) of Tamil Nadu Highways Act must be considered before final orders and eviction.
An order issued by an unauthorized person under the Tamil Nadu Highways Act is invalid and lacks jurisdiction.
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