High Court · 2025

W.P.Nos.10670, 10675 & 10676 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 01.07.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDARW.P.Nos.10670, 10675 & 10676 of 2023andW.M.P.Nos.10604, 10610 & 10613 of 20231.K.KalyanasundaramS/o.Krishnappa Gowder2.K.KavithaW/o.K.Kalyana Sundaram... Petitioners in all WPsvs.1.The Divisional EngineerNational HighwayCoimbatore.2.The Additional Divisional EngineerNational HighwayCoimbatore.3.The Assistant Divisional EngineerNational HighwayCoimbatore.4.The Project Director,NHAIPIU - CoimbatoreNo.11/1 Kongu Nagar EastRamanathapuramCoimbatore - 641 045. ... Respondents in all WPs* R3 & R4 suo-motu impleaded vide order dated 01.07.2025Page Nos.1/12 https://www.mhc.tn.gov.in/judis W.P.Nos.10670, 10675 & 10676 of 2023Writ Petition No.10670 of 2023 filed under Article 226 of the Constitution of India seeking a Writ of Certiorari, to call for the records pertaining to the notice dated 15.03.2023 of the 2nd respondent, issued under Sections 26(2) and 29(4) of the National Highway (Land and Highway) Act, 2002, addressed to the petitioners' tenant Mr.Radha Mani, in respect of petitioners' property measuring an extent of 3780 sq.ft comprised in Old S.F.No.79B/3A, New SF No.1089/25 and 1089/27 in Karamadai Village, having Door No.142, SMT Complex, Main Road, Karamadai 641 104, Coimbatore District and quash the same.Writ Petition No.10675 of 2023 filed under Article 226 of the Constitution of India seeking a Writ of Certiorari, to call for the records pertaining to the notice dated 15.03.2023 of the 2nd respondent, issued under Sections 26(2) and 29(4) of the National Highway (Land and Highway) Act, 2002, addressed to the petitioners' tenant Savithiri, in respect of petitioners' property measuring an extent of 3780 sq.ft comprised in Old S.F.No.79B/3A, New SF No.1089/25 and 1089/27 in Karamadai Village, having Door No.142, SMT Complex, Main Road, Karamadai 641 104, Coimbatore District and quash the same.Writ Petition No.10676 of 2023 filed under Article 226 of the Constitution of India seeking a Writ of Certiorari, to call for the records pertaining to the notice dated 15.03.2023 of the 2nd respondent, issued Page Nos.2/12 https://www.mhc.tn.gov.in/judis W.P.Nos.10670, 10675 & 10676 of 2023under Sections 26(2) and 29(4) of the National Highway (Land and Highway) Act, 2002, addressed to the petitioners' tenant Mr.Ahamadh Junaith, in respect of petitioners' property measuring an extent of 3780 sq.ft comprised in Old S.F.No.79B/3A, New SF No.1089/25 and 1089/27 in Karamadai Village, having Door No.142, SMT Complex, Main Road, Karamadai 641 104, Coimbatore District and quash the same.For Petitioners in all WPs :Mr.A.E.RavichandranFor Respondents in all WPs:Mr.K.SureshGovernment Advocate, for R1, R2 & R3Mr.V.Ashok KumarSenior Panel Counselfor Mr.Su.SrinivasanStanding Counsel for R4*****C O M M O N O R D E R[Order of the Court was made by M.SUNDAR J.]Factual matrix in the captioned three main 'Writ Petitions' {hereinafter 'WPs' for the sake of brevity, convenience and clarity} is common and therefore, all the three captioned main WPs and captioned 'Writ Miscellaneous Petitions' {hereinafter 'WMPs' for the sake of brevity, convenience and clarity} are taken up.Page Nos.3/12 https://www.mhc.tn.gov.in/judis W.P.Nos.10670, 10675 & 10676 of 20232. Identical notices purportedly under Sections 26(2) and 29(4) of 'the Control of National Highways (Land and Traffic) Act, 2002 (13 of 2003)' {hereinafter 'said Act' for the sake of brevity, convenience and clarity} have been assailed in the captioned three WPs by seeking issue of writs of certiorari.3. Scanned reproduction of impugned notices are as follows:Impugned notice in W.P.No.10670 of 2023:Page Nos.4/12 https://www.mhc.tn.gov.in/judis W.P.Nos.10670, 10675 & 10676 of 2023Impugned notice in W.P.No.10675 of 2023:Page Nos.5/12 https://www.mhc.tn.gov.in/judis W.P.Nos.10670, 10675 & 10676 of 2023Impugned notice in W.P.No.10676 of 2023:Page Nos.6/12 https://www.mhc.tn.gov.in/judis W.P.Nos.10670, 10675 & 10676 of 20234. Mr.A.E.Ravichandran, learned counsel for writ petitioners submits that impugned notices have been issued to three different tenants of writ petitioners. Learned counsel submits that other than noticees qua three impugned notices being different, the factual matrix is common (as already alluded to supra). Learned counsel for writ petitioners, notwithstanding myriad grounds raised and the points urged in the writ support affidavits, predicates his campaign against the impugned notices on one short point and that one short and simple point is, the impugned notices are not in consonance with Rule 11 read with Schedule III of 'the Highways Administration Rules, 2004' {hereinafter 'said Rules' for the sake of brevity, convenience and clarity}. Rule 11 of said Rules and Schedule III read as follows:'Rule 1111. Form of notice - Every notice to be issued under sub-section (2) of Section 26 shall be in the form as specified in Schedule III.''Schedule III(See rule 11)NOTICE FOR REMOVAL OF UNAUTHORISED OCCUPATION[Under sub-section (2) of Section 26 of the Control of National Page Nos.7/12 https://www.mhc.tn.gov.in/judis W.P.Nos.10670, 10675 & 10676 of 2023Highways (Land and Traffic) Act, 2002]Whereas I ............................ on periodical inspection of the Highway land on the information received by me, am satisfied that an unauthorised occupation has taken place on the Highway comprised of area ......................... (specify area) situated at K.M.................... of N.H. No........................... (indicate location sufficient to identify area) and such unauthorised occupation has been caused by you / you are responsible for such unauthorised occupation;Therefore, you .................................... (name and address of person to whom notice is to be issued) take notice that you are hereby required to remove such unauthorised occupation within seven days from the date on which this notice is served on you. You may make representation within three days from the date on which this notice is served on you to .......................... (indicate the designation and address of the officer to whom representation is to be made) and such representation, if made, shall be heard on ........................... (indicate the date and place of hearing) at ....................... and be aware of the notice that failure to comply with this notice shall render you liable to penalty and summary eviction from the aforementioned Highway land under sub-section (6) of Section 26 of the Control of National Highways (Land and Traffic) Act, 2002 (13 of 2003).Issued under my hand and seal at ........... on ........ day of ..... 20 .....................................................................................................Signature of Highway Administration or Officer authorisedPage Nos.8/12 https://www.mhc.tn.gov.in/judis W.P.Nos.10670, 10675 & 10676 of 2023SealPlace ......................State / Union territory of .....................5. Issue notice to the respondents.6. Mr.K.Suresh, learned Government Advocate, accepts notice for R1 and R2 and points out that the impugned notices have been issued by the Assistant Divisional Engineer, National Highways, Coimbatore. We therefore, suo-motu impleads the Assistant Divisional Engineer, National Highways, Coimbatore as R3 in the captioned WPs. Mr.K.Suresh, learned Government Advocate, accepts notice for R3 also. Mr.K.Suresh, learned Government Advocate, brought to our notice that the Project Director, NHAI, PIU - Coimabtore ought to have been impleaded as party respondent in the captioned WPs. We therefore, suo-motu impleads the Project Director, NHAI, PIU - Coimabtore, No.11/1, Kongu Nagar East, Ramanathapuram, Coimbatore - 641 0145 as R4 in the captioned WPs, Mr.Su.Srinivasan, learned Standing Counsel accepts notice for R4 and Mr.V.Ashok Kumar, learned Senior Panel counsel representing Mr.Su.Srinivasan is before us. Registry is directed to carry out necessary and consequential amendments in the captioned WPs.Page Nos.9/12 https://www.mhc.tn.gov.in/judis W.P.Nos.10670, 10675 & 10676 of 20237. As would be evident from the narrative thus far, the entire matter turns on a very narrow compass and therefore, with the consent of all aforementioned learned counsel, main WPs were taken up and heard out.8. The allusion thus far makes it clear that the short and simple point on which, learned counsel for writ petitioners predicated his campaign against the impugned notices is that the impugned notices are not in consonance with Rule 11 read with Schedule III of said Rules (extracted and reproduced supra).9. On first blush though the argument of learned counsel for writ petitioners comes across as a hyper technicality, on a careful perusal of Schedule III template and scheme of said Rules as well as the parent Statute i.e., said Act, it comes to light that it is not a mere hyper technicality. The reason is, the template provides for giving an opportunity to the noticees to make a representation whereas the impugned notices straight away call upon the noticees to remove the alleged encroachment. This by itself, in our considered view is good enough to dislodge the impugned notices but we preserve all the rights and contentions of all respondents before us and / or any other authorities qua State to issue notice afresh in consonance with Page Nos.10/12 https://www.mhc.tn.gov.in/judis W.P.Nos.10670, 10675 & 10676 of 2023Statutory / Rule requirements by competent authorities either under said Act / said Rules and / or any other applicable Statute.10. If notices are issued afresh either under said Act / said Rules and / or any other applicable / relevant Statute, we make it clear that all rights and contentions of writ petitioners / noticees qua impugned notices and / or any other person, who may be visited with such notices stand preserved without being impacted by this order. This also means that the response of such noticees / writ petitioners shall be considered on its own merits and in accordance with law, if they are visited with notices afresh and if they respond.Ergo, the sequitur is, captioned WPs are allowed by issuing writs of certiorari, quashing the impugned notices albeit with observations and preservation of rights in the aforesaid manner. As a consequence, captioned WMPs thereat become otiose and the same are disposed of as closed. There shall be no order as to costs.(M.S.J.,)(H.C.J.,) 01.07.2025Index : Yes / NoNeutral Citation : Yes / NomkPage Nos.11/12 https://www.mhc.tn.gov.in/judis W.P.Nos.10670, 10675 & 10676 of 2023M.SUNDAR, J.,andHEMANT CHANDANGOUDAR, J.,mkTo1.The Divisional EngineerNational HighwayCoimbatore.2.The Additional Divisional EngineerNational HighwayCoimbatore.3.The Assistant Divisional EngineerNational HighwayCoimbatore.4.The Project Director,NHAIPIU - CoimbatoreNo.11/1 Kongu Nagar EastRamanathapuramCoimbatore - 641 045.W.P.Nos.10670, 10675 & 10676 of 202301.07.2025Page Nos.12/12