A writ petition is not maintainable against the issuance of a notice unless the notice was issued by an incompetent authority.

For Petitioner(s): Mr.V.Seshachari

For Respondent(s): Mr.T.Arun Kumar Additional Government Pleader for R1 to R3

ORDER

(Order of the Court was made by C.Kumarappan J.)

The present Writ Petition has been filed assailing the order of the Assistant Executive Engineer dated 07.01.2026. On perusal of such notice, it is seen that the notice was issued under Section 28 of the Tamil Nadu Highways Act, 2001. It is settled principle of law that no writ is maintainable against the issuance of notice unless such issuance of notice is by an incompetent authority.

In this case, it is not the case of the petitioner that the notice was issued by an incompetent authority. Therefore, we deem it appropriate to give liberty to the petitioner to reply to the authority concerned. However, the learned counsel for the petitioner submit that the petitioner has already given explanation on 10.01.2026.

In view of the above fact, the Authorities are directed to consider the above reply and thereafter, take a decision in accordance with law. If any encroachments are identified then, all encroachments on Highway properties are to be removed and enforcement actions to be continued.

This Writ Petition stands dismissed with the above observations. No costs. Consequently, connected miscellaneous petition is closed.