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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.SUNDAR, K.GOVINDARAJAN THILAKAVADI, JJ
G. Andal – Appellant
Versus
Divisional Engineer (Highways), Construction And Maintenance – Respondent
ORDER :
M. SUNDAR, J.
1. Captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) has been filed with a prayer for issue of certiorarified mandamus. Certiorari limb of the prayer assails a 'notice dated 19.12.2023 bearing reference issued by R2 [Assistant Divisional Engineer (Highways), Construction and Maintenance, Ambattur Sub Division, Avadi, Chennai-600 054]' (hereinafter 'impugned notice' for the sake of convenience and clarity). Mandamus limb is a consequential prayer seeking a mandamus to forbear the respondents from taking coercive action pursuant to impugned notice i.e., coercive action such as demolition of structures, disconnection of electricity service connection etc.
2. A scanned reproduction of the impugned notice is as follows:
3. Adverting to the aforementioned impugned notice, Mr.V.Raghavachari, learned senior counsel appearing on behalf of /instructed by learned counsel on record for writ petitioner Mr.N.R.Anantha Rama Krishnan submitted that the writ petitioner has not been show caused.
4. Mr.T.K.Saravanan, learned Additional Government Pleader appearing for all the respondents submitted on instructions that the impugned notice has been issued under
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.
The court emphasized the necessity of due process and fair consideration of representations in administrative actions under the Tamil Nadu Highways Act.
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.
The authority must consider representations before issuing final orders, and such consideration must be reflected in the order to ensure procedural fairness.
Notices for removal of encroachments must include specific survey numbers to ensure compliance with statutory requirements and allow for effective response.
Authorities must mandatorily consider timely representations under Section 28 proviso before issuing final encroachment removal orders.
The court established that an impugned notice for removal of encroachment must be treated as a show cause notice if a response is provided, ensuring compliance with procedural fairness.
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