The High Court of Madras closed a writ petition seeking quashing of an eviction notice and subsequent removal of encroachment under the Tamil Nadu Highways Act, 2001, noting the encroachment was removed following due process.
Writ petition closed as no further orders required.
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W.P. No.18290 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2023
CORAM:
THE HON'BLE MR. JUSTICE S. VAIDYANATHAN
and
THE HON'BLE MR. JUSTICE K. RAJASEKAR
W.P. No.18290 of 2023 & W.M.P. No.17492 of 2023
Jayalakshmi Petitioner v
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari calling for the records relating to the proceedings of the first respondent dated 23.03.2023 and quash the same.
For petitioner Ms. P. Annie Jayakumari For R1 Mr. P. Muthukumar State Government Pleader For RR 2 & 3 Mr.J.Ravindran, Addl.Adv.Gen. (Liaisoning) assisted by Mr. A. Selvendran Special Government Pleader
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W.P. No.18290 of 2023
ORDER
This writ petition has been filed seeking quashment of the notice dated 23.03.2023 issued by the first respondent under Section 28(2)(ii) of the Tamil Nadu Highways Act, 2001, whereby and whereunder, the petitioner has been directed to vacate the place encroached upon by her, within a period of seven days, failing which, it has been stated that the encroachment will be removed under the said provision.
2 The impugned notice is dated 23.03.2023 and it is reported that since the petitioner did not take steps to vacate the encroached place, the authorities have taken steps and removed the encroachment on 15.05.2023. To this effect, a communication dated 21.06.2023 addressed by the first respondent to the State Government Pleader is produced before this Court. The relevant portion of the last paragraph of the said communication is extracted below:
“2 ....The encroachment eviction was carried out on 15.05.2023 after giving sufficient time and by following due process of law in the presence of Revenue and Police officials. Since the land in question belongs to Government as per Revenue records, the Hon'ble High Court may please dismiss the writ filed by the encroacher and render justice.”
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W.P. No.18290 of 2023
In view of the above, we close this writ petition as no further orders
are required to be passed. Needless to state that the petitioner shall not encroach the place in question once again. No costs. Connected W.M.P. is also closed.
(S.V.N., J.) (K.R.S., J.) 22.06.2023
cad To
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W.P. No.18290 of 2023
S. VAIDYANATHAN, J.
and
K. RAJASEKAR, J.
cad
W.P. No.18290 of 2023
22.06.2023
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1 issue framed by the court
Whether to grant relief to quash the encroachment eviction notice issued under the Tamil Nadu Highways Act, 2001.
1 provisions across 1 enactments
Jayalakshmi
The Assistant Divisional Engineer (H) Construction & Maintenance Chengalpattu
The District Collector Chengalpattu
The Tahsildar Chengalpattu
S. Vaidyanathan
K. Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
