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N. Balasubramanian v. The District Collector

Madras HC24 Jan 2025WP(MD)/2116/2025

Case brief

AI extract

What is this about?

W.P.(MD)No.2116 of 2025; Madurai Bench of Madras High Court; decision dated 24.01.2025; Tamil Nadu Highways Act 2001; Section 28(2); Section 28(2)(ii); prior show cause notice; eviction order set aside; encroachment removal; due process; writ of certiorari; Article 226; Sivagangai District; Devakottai; Karaikudi; Kallachiyamman Kovil Uravinmurai; Natural justice violation admitted by Special Government Pleader; liberty to initiate fresh eviction proceedings.

What did the court decide?

Writ petition allowed; impugned order dated 09.12.2024 of the 3rd respondent set aside; liberty granted to respondents to initiate eviction proceedings de novo by following the due procedure under the Act with due opportunity to interested persons; no order as to costs; connected miscellaneous petition closed. ¶40

N. Balasubramanian Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the eviction order dated 09.12.2024 passed by the third respondent under Section 28(2) of the Tamil Nadu Highways Act, 2001, without the prior show cause notice mandated by Section 28(2)(ii), can be legally sustained.

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Court's answer

Section 28 of the Tamil Nadu Highways Act, 2001 mandates issuance of a prior show cause notice under Section 28(2)(ii) before any order of eviction is passed.

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Ratio / Principle

Since the Court had earlier specifically directed the authorities to follow due process of law, the show cause notice ought to have been issued before the Section 28(2) notice, and there was no justification for the respondents' stand.

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Key takeaways

The present impugned order cannot be legally sustained.ratio¶35
The impugned order dated 09.12.2024 of the third respondent is set aside, with liberty to the respondents to initiate eviction proceedings afresh by following the due procedure contemplated under the Act and extending due opportunity to all interested persons.ratio¶36

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), 24.01.2025 (M.S.Ramesh, J.) - Writ of Certiorari under Article 226 against eviction order dated 09.12.2024 (Na.Ka.No.769/2024/E.va.a) of the Assistant Divisional Engineer (Highways), Karaikudi, passed under Section 28(2) of the Tamil Nadu Highways Act, 2001. The Special Government Pleader fairly admitted that no show cause notice, as mandated by Section 28(2)(ii), was issued prior to the eviction order, despite the Court's earlier direction to remove encroachments only by following due process of law. Held: Section 28 mandates a prior show cause notice under Section 28(2)(ii) before any order of eviction; the impugned order cannot be legally sustained and is set aside, with liberty to the respondents to initiate eviction proceedings afresh in accordance with the procedure under the Act, extending due opportunity to all interested persons. Writ petition allowed; no costs; connected W.M.P.(MD)No.1492 of 2025 closed.

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W.P.(MD)No.2116 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 24.01.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE M.S.RAMESH

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and

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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W.P.(MD)No.2116 of 2025 and W.M.P.(MD)No.1492 of 2025

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N. Balasubramanian ... Petitioner

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The District Collector, Sivagangai District, Sivagangai..

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The Revenue Divisional Officer, Devakottai, Sivagangai District..

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The Assistant Divisional Engineer (Highways), Construction and Maintenance, Karaikudi, Sivagangai District..

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The Kallachiyamman Kovil Uravinmurai, Periyanagar, Alampatti Village, Kallal Union, Karaikudi, Sivagangai District.. ... Respondents

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PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records of the impugned order of the 3rd respondent in Na.Ka.No.

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1/5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.2116 of 2025

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769/2024/E.va.a dated 09.12.2024 and quash the same as illegal.

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For Petitioner : Mr.S.Vimalraj

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For Respondents 1 to 4 : Mr.S.Shaji Bino for R1 to R3

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Special Government Pleader Mr.Jeyaram Siddharth for R4

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O R D E R

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[ Order of the Court was made by M.S.RAMESH, J.]

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This writ petition has been filed challenging the impugned order of the third respondent dated 09.12.2024.

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2. The main ground on which the order made under Section 28(2) of “the Tamil Nadu Highways Act, 2001” [hereinafter referred to as

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“the Act” for convenience] is challenged is that prior to issuance of the eviction order, a show cause notice as mandated under Section 28(2)(ii) was not made.

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3. The learned Special Government Pleader would submit that

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fairly admitted that no show cause notice was issued.

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2/5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.2116 of 2025

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4. There is no justification on the part of the respondents in

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taking such a stand, in view of the fact that this Court, while passing orders earlier, had only directed the official respondents to take necessary action for removal of the encroachments by following due process of law. Section 28 of the Act mandates for issuance of a prior show cause notice under Section 28(2)(ii) before any order of eviction is passed. When this Court had specifically directed the authorities to follow the due process of law, it goes without saying that the show cause notice should have been issued before Section 28(2) notice. Therefore, the present impugned order cannot be legally sustained.

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5. Accordingly, the impugned order dated 09.12.2024 on the file of the third respondent is set aside. However, liberty is granted to the respondents herein to initiate eviction proceedings by following the due procedure contemplated under the Act and take further course of action by extending due opportunity to all the persons who may be interested in the subject matter.

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3/5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.2116 of 2025

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6. Accordingly, this Writ Petition stands allowed. There shall be

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no order as to costs. Consequently, the connected miscellaneous petition

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is closed.