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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
A.D.Maria Clete, S.M.Subramaniam
M.Puthisigamani – Appellant
Versus
Assistant Divisional Engineer (Highways), Construction & Maintenance – Respondent
| Table of Content |
|---|
| 1. writ petition challenges a statutory notice of encroachment. (Para 1 , 2) |
| 2. petitioner must respond to notice; encroachments are in public interest. (Para 3 , 4 , 5) |
| 3. writ petition dismissed; action to remove encroachments authorized. (Para 6 , 7) |
ORDER :
S.M.SUBRAMANIAM, J.
The writ on hand has been instituted challenging the notice issued by the first respondent/the Assistant Divisional Engineer (State Highways) in proceedings dated 15.07.2024 under Section 28 of the TAMIL NADU HIGHWAYS ACT , 2001.
2.The State Highways authorities identified encroachments in the Highways property and consequently issued a notice under Section 28 of the TAMIL NADU HIGHWAYS ACT , 2001. The petitioner has not responded to the notice but challenged the same in the present Writ Petition.
3.No writ against a statutory notice issued for the removal of encroachments in the Highways property is entertainable unless such notice has been issued by an incompetent authority.
4.In the present case, the Assistant Divisional Engineer, by invoking Section 28 of the TAMIL NADU HIGHWAYS ACT 2001, issued the notice. Therefore, the petitioner is expected to submit his explanation/defence statement
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.
Authorities must mandatorily consider timely representations under Section 28 proviso before issuing final encroachment removal orders.
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.
The authority must consider representations before issuing final orders, and such consideration must be reflected in the order to ensure procedural fairness.
The court emphasized the necessity for authorized personnel to issue eviction notices under the Control of National Highways Act, adhering to procedural requirements to ensure the validity of such ac....
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