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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
P.Rajasekar – Appellant
Versus
The Assistant Divisional Engineer Highways Department, Tambaram Division, Tambaram, Tamilnadu – Respondent
| Table of Content |
|---|
| 1. challenges notice under highways act for encroachment eviction. (Para 1 , 2) |
| 2. proviso mandates considering representation before final orders. (Para 3) |
| 3. direct consideration of representation before enforcement action. (Para 4 , 5) |
(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.
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