Disposed¶33

Reeta Antony v. The District Collector

Madras HC21 Mar 2025WP(MD)/7760/2025

Case brief

AI extract

What is this about?

National Highways (Land and Traffic) Act 2002 S.26(2) notice; NHAI PIU Nagercoil eviction/show-cause notice NH-744 encroachment; writ of certiorarified mandamus under Article 226; Tenkasi District / Sengkottai Taluk; highway land eviction threatened within three days; petitioner's reply to be considered and orders in accordance with law within 12 weeks; writ disposed of, no costs, connected WMP closed; Madras HC Madurai Bench; J. Nisha Banu and S. Srimathy, JJ.

What did the court decide?

Writ petition disposed of by consent at the stage of admission, recording the 2nd respondent's undertaking to consider the petitioner's representation/reply and pass appropriate orders in accordance with law within twelve weeks; no costs; connected miscellaneous petition (W.M.P.(MD)No.5886 of 2025) closed. ¶33

Reeta Antony 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 notice dated 07.03.2025 (ref. NHAI/PIU/NGL/NH-744/ENCROACHMENT/574) issued by the 2nd respondent under Section 26(2) of the National Highways (Land and Traffic) Act, 2002, calling upon the petitioner to submit her representation within three days failing which she would be evicted from the highway land, is liable to be quashed as illegal.

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Court's answer

This Court recorded the submission of the learned Standing Counsel for the 2nd respondent that the petitioner's representation/reply to the impugned show cause notice would be considered and appropriate orders passed in accordance with law within a period of twelve weeks from the date of receipt of a copy of the order.

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Ratio / Principle

On recording the said submission, the Writ Petition was disposed of with no costs, and the connected miscellaneous petition was closed. The validity of the impugned notice was not adjudicated on merits.

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Detailed headnote1 paragraphs

WRIT PETITION (DISPOSED OF) - Challenge to notice dated 07.03.2025 (ref. NHAI/PIU/NGL/NH-744/ENCROACHMENT/574) issued by the Project Director, PIU NHAI under S.26(2) of the National Highways (Land and Traffic) Act, 2002, requiring the petitioner to show cause within three days failing which she would be evicted from highway land - Held: By consent, matter taken up for final disposal at admission stage; learned Standing Counsel for R2 submits petitioner's representation/reply would be considered and appropriate orders passed in accordance with law within twelve weeks; submission recorded and writ petition disposed of, no costs; connected W.M.P.(MD)No.5886 of 2025 closed. Merits of the impugned notice not adjudicated. Coram: J. Nisha Banu & S. Srimathy, JJ. (Madurai Bench of Madras High Court, 21.03.2025).

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W.P.(MD) No.7760 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 21.03.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU

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AND

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P.(MD)No.7760 of 2025 and

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W.M.P.(MD)No.5886 of 2025

Reeta Antony

... Petitioner

-Vs-

1.The District Collector, Tenkasi District.

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2.The Project Director, PIU NHAI, M.S.Road, Majestic Colony, Near Iyappan Kovil, Parvathipuram, Nagercoil-03.

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3.The Tahsildar, Sengkottai Taluk, Tenkasi District. ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the documents pertaining to the impugned order passed by the 2^nd respondent vide NHAI/PIU/NGL/NH-744/ENCROACHMENT/574, dated 07.03.2025 and quash the same as illegal and consequently, to direct the respondents not to disturb the petitioner or her business unnecessarily.

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Page 1 of 4

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

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W.P.(MD) No.7760 of 2025

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For Petitioner : Mr.A.Balakrishnan For R1 & R3 : Mrs.D.Farjana Ghoushia, Special Government Pleader For R2 : Mr.Su.Srinivasan, Standing Counsel

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ORDER

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[Order of the Court was made by J.NISHA BANU, J. ]

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By consent of both parties, this Writ Petition is taken up for final

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disposal at the stage of admission itself.

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2.The notice dated 07.03.2025 issued by the 2^nd respondent under Section 26(2) of the National Highways (Land and Traffic) Act, 2002, is under challenge in this Writ Petition. By the said notice, the petitioner is called upon to submit her representation within three days from it's receipt, failing which, she will be evicted from the highway land.

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3.Mr.Su.Srinivasan, learned Standing Counsel, who takes notice for the

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2^nd respondent, submits that the petitioner has given a representation / reply to the

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Page 2 of 4

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

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W.P.(MD) No.7760 of 2025

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impugned show cause notice and the same would be considered and appropriate orders would be passed in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

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4.Recording the said submission made by the learned Standing Counsel

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for the 2^nd respondent, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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[J.N.B., J.] & [S.S.Y., J.] 21.03.2025

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NCC : Yes / No Index : Yes / No

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Yuva

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