C.R.P.(NPD).No.2748 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

C.R.P.(NPD).No.2748 of 2021

Viswanathan

.. Petitioner

Vs.

1.The National Highway Authority of India,

Ministry of Road Transport and Highway,

Rep. By its Regional Officer,

SRI Towers, 3^rd Floor,

DP-34(SP) Industrial Estate,

Guindy, Chennai – 600 032.

2.The Assistant Engineer,

National Highways,

Chidambaram, Cuddalore District.

3.The Tahsildar,

Vridachalam Taluk, Vridachalam,

Cuddalore District.

4.The Chief Engineer,

National Highways

Government of Tamil Nadu,

Cuddalore District.

.. Respondents

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C.R.P.(NPD).No.2748 of 2021

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution

of India, praying to allow the above Civil Revision Petition and set aside the

order dated 15.11.2021 made in 19.R.No.107/2021 in UN O.S.No.Nil of

2021 on the file of the learned District Munsif cum Judicial Magistrate,

Neyveli.

For Petitioner

: Mr.G.Jaremiah

********

O R D E R

The petitioner is aggrieved by the rejection of the plaint, in an

attempted abuse of process of Court by way of a suit.

2. The plaintiff is in occupation of land which is classified as National

Highway. When proceedings were taken for eviction of the petitioner, he

filed W.P.No.21436 of 2019 challenging the said notice. On 14.02.2020,

this Court, directed the 2^nd defendant in the suit viz., Assistant Engineer,

National Highways, Chidambaram to survey the entire property and decide

if there is any encroachment and thereafter remove the encroachment.

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C.R.P.(NPD).No.2748 of 2021

3. Pursuant to the said order, on 01.04.2021, the 2^nd defendant issued

notice to the plaintiff seeking objections. The plaintiff has submitted his

objections on 08.04.2021. Thereafter, the plaintiff issued notice under

Section 80 of the Code of Civil Procedure and came up with the instant suit

seeking declaration of his title on the ground that he has perfected title by

adverse possession. A mandatory injunction restraining the defendants to

mutate the revenue records in respect of the suit property in the name of the

plaintiff was also prayed for apart from seeking costs.

4. The learned District Munsif on a meaningful reading of the plaint

held that the suit is barred in view of Section 15 of the Control of National

Highways (Land and Traffic) Act, 2002. Section 14 of the said Act vest

jurisdiction in a Tribunal to entertain appeals or orders passed or actions

taken under Sections 26, 27, 28, 36, 37 and 38 of the said Act by the

Highways Administration or an Authorised Officer. Section 15 of the Act

bars the suit in respect of the matters over which the Tribunal is invested

with the jurisdiction to decide. Section 26 provides for eviction of un-

authorised occupation in land which has been classified as National

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C.R.P.(NPD).No.2748 of 2021

Highways.

5. The learned District Munsif came to the conclusion that since the

land in question is classified as a National highways and notice has been

issued to the plaintiff requiring him to vacate and handover possession under

Section 26, the plaintiff will have to pursue the said action, he cannot seek a

declaration of title on the ground of adverse possession.

6. Mr.G.Jaremiah, learned counsel appearing for the petitioner would

vehemently contend that the suit for declaration cannot be said to be barred.

7. While it is open to the plaintiff to defend the action taken under

Section 26, the plaintiff cannot approach a civil Court to scuttle the action.

The purpose of the bar enacted under Section 14 is only to prevent

unscrupulous litigants from invoking the jurisdiction of the civil Court to

scuttle the proceedings under a special enactment.

8. I therefore, do no