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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN, JJ
Nallathambi – Appellant
Versus
1.The District Collector, Namakkal District, Namakkal. – Respondent
| Table of Content |
|---|
| 1. challenge of notice under tamil nadu highways act. (Para 1) |
| 2. maintainability of writ petition against notice. (Para 2) |
| 3. dismissal of writ petition with liberty to reply. (Para 3) |
(Order of the Court was made by C.KUMARAPPAN,J.,)
The present Writ Petition has been filed challenging the impugned notice issued under Section 28(2)(ii) of the Tamil Nadu Highways Act, 2001.
2. It is the well settled principle of law that Writ Petition against issuance of notice is not maintainable, unless such issuance of notice is by incompetent person. In the present case on hand, the notice was not issued by incompetent person. In such view of the matter, we do not find any merit to entertain the present Writ Petition. However, the petitioner is granted liberty to give his reply to the above notice. On receipt of such reply, the Authorities are directed to consider the same in accordance with law.
3. With the above directions, this Writ Petitions stands dismissed No costs. Consequently, the connected miscellaneous petitions are closed.
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