Representation under Section 28(2) of Tamil Nadu Highways Act must be considered before final orders and eviction.

(Order of the Court was made by S.M.SUBRAMANIAM, J.)

The notice issued under Section 28 of the Tamil Nadu Highways Act, 2001, dated 05.03.2026, is under challenge in the present Writ Petition.

2. Admittedly, the petitioner has submitted his explanation on

06.03.2026. The grievance of the petitioner is that, before taking a final decision, the authority is attempting to evict the petitioner. It is needless to state that the procedures contemplated under Section 28 of the Highways Act must be scrupulously followed by the authority for the removal of encroachments on highways.

3. Proviso to Section 28(2)(ii) of the Tamil Nadu Highways Act, 2001, mandates that any representation received within the prescribed time limit shall be considered by the authority or the officer concerned before passing final orders. Thus, the competent authority has to pass the final orders before initiating any enforcement action for the removal of encroachments.

4. In the present case, the petitioner has already submitted the representation. Thus, the respondents are directed to consider the same and pass final orders, and thereafter proceed with enforcement action, if any encroachment is identified on the highway property.

5. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.