High Court · 2025

W.P.No.16274 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 30.04.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADIW.P.No.16274 of 2025andW.M.P.No. 18401 of 2025 in W.P.No. 16274 of 2025G.E.Gnanadas... Petitioner vs.1.The Assistant Divisional Engineer (H) (C&M), Tambaram Sub Division, Tambaram, Chennai – 600 045.2.The Thasildhar, Taluk Office, NH32, Chitlapakkam, West Tambaram, Chennai – 600 073. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to Final Show Cause Notice dated 15.04.2025 issued by the 1st respondent and quash the same as arbitrary, illegal and violative of the principles of natural justice and to direct the 2nd Page Nos.1/11 https://www.mhc.tn.gov.in/judis W.P.No.16274 of 2025respondent to consider the petitioner's representation dated 18.04.2025. For Petitioner : Mr.T.M.ManoFor Respondents : Mr.V.Ravi Special Government Pleader ORDER[Order of the Court was made by M.SUNDAR, J.,]Captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) has been filed with a prayer seeking issue of a writ of certiorarified mandamus.2.In and vide certiorari limb, a 'notice captioned 'Final Show Cause Notice' said to be under Section 28(2)(ii) of 'The Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002)' [hereinafter 'said Act' for the sake of convenience and clarity] issued by R1 [The Assistant Divisional Engineer (H) (C&M), Tambaram Sub Division, Tambaram, Chennai]' {hereinafter 'impugned notice' for the sake of convenience and clarity} has been assailed.Page Nos.2/11 https://www.mhc.tn.gov.in/judis W.P.No.16274 of 20253.As regards the mandamus limb, there is a prayer to dispose of the writ petitioner's representation to R2 [The Tahsildar, Taluk Office, NH32, Chitlapakkam, West Tambaram, Chennai] being a representation dated 18.04.2025 vide which writ petitioner has made an application under Section 10 of 'The Tamil Nadu Patta Passbook Act, 1986' (hereinafter 'Patta Passbook Act' for the sake of convenience and clarity) and has sought modification of existing patta.4.Learned counsel for writ petitioner submits that writ petitioner was earlier show caused vide notice dated 23.09.2024 issued by R2, the same was assailed in this Court by writ petitioner in and by W.P.No. 33500 of 2024 and the same was disposed by this Court in and by an order dated 17.12.2024 inter-alia saying that 23.09.2024 notice shall be treated as show cause notice, representation if any in response to the show cause notice shall be made, the same shall be considered and final order shall be made under proviso to Section 28(2)(ii) of said Act. Learned counsel submits that post our earlier order dated 17.12.2024, writ petitioner has sent a reply dated 21.12.2024 but without considering the same and passing Page Nos.3/11 https://www.mhc.tn.gov.in/judis W.P.No.16274 of 2025an order in accordance with Section 28 (2)(ii) proviso of said Act, the impugned notice has been issued.5.Issue notice.6.Mr.V.Ravi, learned Special Government pleader accepts notice for both respondents and learned State counsel very fairly submitted that the impugned notice will now be withdrawn and final order in accordance with earlier order of this Court dated 17.12.2024 in W.P.No.33500 of 2024 shall be made. We appreciate this fair submission and we deem it appropriate to write that this has made the legal drill at hand fairly simple. Therefore, with the consent of learned counsel on both sides, the main WP is taken up in the Admission Board.7.The following order is made:7.1Impugned notice being final show cause notice dated 15.04.2025 purportedly under Section 28(2)(ii) proviso of said Act issued by R1 stands withdrawn;Page Nos.4/11 https://www.mhc.tn.gov.in/judis W.P.No.16274 of 20257.2As regards 23.09.2024 notice, it is construed as show cause notice, writ petitioner has sent reply dated 21.12.2024, the same shall be considered and R1 shall make an order after considering the same in accordance with Section 28(2)(ii) proviso of said Act;7.3The order made by R1 in the aforesaid manner shall be duly served on the writ petitioner under due acknowledgement within five working days from the date of the order;7.4 As regards the representation dated 18.04.2025 sent by writ petitioner to R2, a scanned reproduction of the same is as follows:Page Nos.5/11 https://www.mhc.tn.gov.in/judis W.P.No.16274 of 2025Page Nos.6/11 https://www.mhc.tn.gov.in/judis W.P.No.16274 of 2025Page Nos.7/11 https://www.mhc.tn.gov.in/judis W.P.No.16274 of 20257.5R2 shall consider aforereferred representation and pass orders on the same on its own merits and in accordance with law as expeditiously as the business of R2 permits but in any event within six weeks from today i.e., on or before 11.06.2025;7.6 The order made by R2 in this regard in the aforesaid manner shall also be duly served on the writ petitioner under due acknowledgement within five working days from the date of order;7.7As the impugned notice stands withdrawn, writ petitioner's reply dated 21.04.2025 in response to the impugned notice now stands effaced from the records. In other words, while making orders under Section 28(2)(ii) proviso of said Act, it will Page Nos.8/11 https://www.mhc.tn.gov.in/judis W.P.No.16274 of 2025suffice if R1 considers writ petitioner's reply dated 21.12.2024;7.8 Though obvious we deem it appropriate to write that any coercive action will be subject to and depending on the orders to be made in the aforesaid manner by R1 under proviso to Section 28(2)(ii) of said Act;7.9To be noted, Section 28(2)(ii) powers are vested in the Highways Authority or any other person authorised by it. 'Highways Authority' is defined vide Section 2(13) which takes us to Section 5(2). Learned State counsel informs this Court that R1 has been authorised by Highways Authority. This submission is recorded.8.Captioned main WP is disposed of in the aforesaid manner. As this Court has held that coercive action if any will be subject to and Page Nos.9/11 https://www.mhc.tn.gov.in/judis W.P.No.16274 of 2025depending on final orders to be made by R1 under proviso to Section 28(2)(ii) of said Act, captioned Writ Miscellaneous Petition (WMP) thereat has become otiose and therefore the same is disposed of as closed. There shall be no order as to costs.(M.S.,J.) (K.G.T.,J.)30.04.2025Index : YesNeutral Citation: YesmmiTo1.The Assistant Divisional Engineer (H) (C&M), Tambaram Sub Division, Tambaram, Chennai – 600 045.2.The Thasildhar, Taluk Office, NH32, Chitlapakkam, West Tambaram, Chennai – 600 073. Page Nos.10/11 https://www.mhc.tn.gov.in/judis W.P.No.16274 of 2025M.SUNDAR, J.,andK.GOVINDARAJAN THILAKAVADI, J.,mmiW.P.No.16274 of 202530.04.2025Page Nos.11/11