Madrasdated High Court · 2025

W.P.No.31893 of 2025 Sathuvachary, Vellore District.3.The Revenue Divisional Officer, Collectorate Buildings, Sathuvachary, Vellore District.4.The Tahsildar, Taluk Office, Vellapadi Village, Vellore District.5.The Superintending Engineer, Highways Department, Vellore District.6.The Divisional Engineer, Highways Department, Vellore Division and District.7.The Assistant Divisional Engineer, Highways Department, Vellore Division and District.8.The Assistant Engineer, Highways Department, Vellore Division and District.... RespondentsWrit Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the impugned order dated 07.08.2025 passed in Ka.No.122/(15)/2025/K.Ka by the seventh respondent and quash the same.For Petitioners : Mr.D.ThirumoorthyFor Respondents:Mr.P.Balathandayutham,Page Nos.2/16 https://www.mhc.tn.gov.in/judis W.P.No.31893 of 2025Special Government PleaderORDER[Order of the Court was made by M.SUNDAR, J.,]Subject matter of captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) is 'land comprised in Survey No.15 situate in Km 5/8 on Thellur Road in Abdullapuram Village, Vellore Taluk, Vellore District' (hereinafter 'said land' for the sake of convenience and clarity).2. Earlier one Mr.E.Rishikesh, S/o.Mr.Elumalai and three others filed W.P.No.8998 of 2025 alleging encroachment in said land and seek to mandamus the official respondents to take necessary action. This writ petition came to be disposed of by a Division Bench to which one of us (M.Sundar, J.) was a party in and by an order dated 21.03.2025, which reads as follows:'IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 21.03.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Page Nos.3/16 https://www.mhc.tn.gov.in/judis W.P.No.31893 of 2025W.P.No.8998 of 20251.E.RishikeshS/o.Elumalai2.E.RevanthS/o.Elumalai3.E.SelviW/o.Elumalai4.A.ElumalaiS/o.Angamuthu...PetitionersVs1.The District CollectorO/o. of the CollectorateSathuvachari, Vellore-9.2.The Revenue Divisional OfficerO/o. of the CollectorateSathuvacahri, Vellore-9.3.The ThasildharVelappadi, VelloreVellore District - 632 001.4.The Divisional EngineerHighways DepartmentKatpadi, Vellore District.5.The Assistant Divisional EngineerHighways Department Construction and MaintenanceKatpadi, Vellore District.6.The Block Development OfficerKosapet, Vellore.7.S.Sampath8.Saravanan9.Kathavaryan10.Yasodha, W/o.Ekambaram11.Bhavani12.Punniakodi13.Gopi14.Shiva, S/o.Parasuraman15.Kasi16.Mannu17.ManoharPage Nos.4/16 https://www.mhc.tn.gov.in/judis W.P.No.31893 of 202518.Ravi & Singh Communications19.A.Sakthivel20.Jaya, W/o.Anandan21.Venda22.Lakshmi, W/o.Loganathan23.Selvaraj...Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 6 to dispose of the representation dated 03.02.2025 and to take necessary action against the respondents 7 to 23 who had illegally encroached in S.No.15 Abdullapuram to Oosur Highways [Airport airstrip] Road.For Petitioners : Ms.D.MalarvizhiFor Respondents:Mr.V.RaviSpecial Government Pleaderfor R1 to R5Mr.M.VenkateswaranSpecial Government Pleader for R6O R D E R[Order of the Court was made by M.SUNDAR, J.,]Subject matter of the captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity, clarity and convenience} is 'land comprised in S.No.15 Abdullapuram Village, Vellore Taluk, Vellore District' {hereinafter 'said land' for the sake of brevity, convenience and clarity}.2. Prayer in the captioned WP is predicated on a 'representation dated 03.02.2025' {hereinafter 'said representation' for the sake of brevity, convenience and clarity} wherein, writ petitioners have alleged encroachment in said land and sought removal of the same.3. Inaction on the part of official respondents has Page Nos.5/16 https://www.mhc.tn.gov.in/judis W.P.No.31893 of 2025necessitated the captioned WP is Ms.D.Malarvizhi, learned writ petitioners' counsel say.4. Issue notice to official respondents i.e., R1 to R6.5. Mr.V.Ravi, learned Special Government Pleader, accepts notice for R1 to R5 and Mr.M.Venkateswaran, learned Special Government Pleader, accepts notice for R6 and both learned State Counsel submit in one voice that survey of said land by R3 is in the anvil, survey report will be drawn up and if encroachments are found, suitable action under appropriate Statute will be initiated. 6. Suitable action under appropriate Statute necessarily means that private respondents i.e., R7 to R23 and/or any other alleged encroacher/s will be show-caused.7. This Court makes it clear that all rights and contentions of private respondents i.e., R7 to R23 and / or any other alleged encroacher(s)/noticee(s) who is/are show caused, shall stand preserved untrammelled by this order. This further means that this order does not touch upon the rights of private respondents i.e., R7 to R23 and / or any other alleged encroacher(s)/noticee(s). 8. In this view of the matter, there is no impediment in taking up the main WP in the Admission Board with the consent of learned counsel for writ petitioners and learned State Counsel. We do so.9. Learned State Counsel submits that survey which is in the anvil will be done within four weeks from today i.e., on or before 18.04.2025. Learned State Counsel further submits that survey report will be drawn up and if any encroachment/s is/are Page Nos.6/16 https://www.mhc.tn.gov.in/judis W.P.No.31893 of 2025found, suitable action under appropriate Statute will be commenced within another four weeks therefrom i.e., on or before 16.05.2025.10. This Court is of the considered view that it will suffice, if the stated position of learned State Counsel is recorded for giving a closure to the captioned WP.Captioned WP disposed of recording the stated position of learned State Counsel (to be noted, it is recorded as an undertaking given by learned State Counsel). There shall be no order as to costs.[M.S.,J.][K.G.T.,J.] 21.03.2025'3. Thereafter, seventeen writ petitioners were visited with separate but identical 'Show Cause Notices' (hereinafter 'SCNs' in plural and 'SCN' in singular for the sake of convenience and clarity) all dated 09.05.2025 being SCNs under Section 28(2)(ii) of 'The Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002)' {hereinafter 'Highways Act' for the sake of brevity, convenience and clarity} and the writ petitioners sent a common/joint representation dated 16.05.2025, which was admittedly received by State on 19.05.2025.4. Thereafter, orders all dated 07.08.2025 bearing reference Page Nos.7/16 https://www.mhc.tn.gov.in/judis W.P.No.31893 of 2025f/vz;/122-(15)-2025-f/fh. f/vz;/122-(19)-2025-f/fh. f/vz;/122-(8)-2025-f/fh. f/vz;/122-(24)-2025-f/fh. f/vz;/122-(21)-2025-f/fh. f/vz;/122-(17)-2025-f/fh. f/vz;/122-(5)-2025-f/fh. f/vz;/122-(11)-2025-f/fh. f/vz;/122-(16)-2025-f/fh. f/vz;/122-(7)-2025-f/fh. f/vz;/122-(20)-2025-f/fh. f/vz;/122-(22)-2025-f/fh. f/vz;/122-(10)-2025-f/fh. f/vz;/122-(23)-2025-f/fh. f/vz;/122-(9)-2025-f/fh. f/vz;/122-(6)-2025-f/fh and f/vz;/122-(18)-2025-f/fh (hereinafter impugned orders for the sake of convenience and clarity) came to be made by R7 (Assistant Divisional Engineer, Highways Department, Vellore Division and District) and captioned main WP has been filed assailing impugned orders.5. Mr.D.Thirumoorthy, learned counsel on record for writ petitioners submitted that the impugned orders have not considered the writ petitioners' response (common/joint representation dated 16.05.2025 alluded to supra) and are therefore liable to be dislodged.6. Issue notice to official respondents.7. Mr.P.Balathandayutham, learned Special Government Pleader, accepts notice for all eight respondents and submits that the impugned orders have been made by R7 under proviso to Section 28(2)(ii) of Page Nos.8/16 https://www.mhc.tn.gov.in/judis W.P.No.31893 of 2025Highways Act.8. Considering the limited scope of the captioned main WP, the same was taken up in the Admission Board with the consent of learned counsel for writ petitioners and learned State counsel.9. We carefully perused the impugned orders.10. We find flaws in the impugned orders and that includes non- consideration of points raised by writ petitioners/noticees in the common/joint representation dated 16.05.2025. We find that the following points have neither been adverted to nor has R7 articulated any finding on the same:(i) Common/joint representation states that the writ petitioners sought issue of patta and the local body – panchayat (Cuhl;rp kd;wk;) has passed a resolution in favour of grant of patta. Though such resolution has not been placed before us, it is not clear as to whether there is such a resolution at all and R7 has not met this point;(ii) Writ petitioners while admitting that they are in Page Nos.9/16 https://www.mhc.tn.gov.in/judis W.P.No.31893 of 2025occupation of Government land contended that the classification is 'Natham' and not 'Road'.11. Besides above, we also find that the impugned orders refer to earlier order of this Court about which there is allusion supra being order dated 21.03.2025 in W.P.No.8998 of 2025. However, the impugned orders have completely misconstrued the earlier order and it is clear from the following paragraph:'Mdhy; khz;g[kpF brd;id cah;ePjpkd;wk; tH';fpa[s;s jPh;g;g[iu (W.P.No.8998/2025) Mizapy; mg;Jy;yhg[uk; fpuhkk; rh;nt vz;/15?y; beL";rhiyf;F brhe;jkhd ,lj;jpYs;s Mf;fpukpg;g[fis mfw;wp mjw;fhd gjpy; mwpf;if rkh;g;gpf;FkhW Miz tH';fpas;sjhYk; tl;lhl;rpah;. ntY}h; mth;fshy; Mf;fpukpg;ghsh;fspd; tptu';fs; ml';fpa gotk; ? 1 (Form-1). tiuglk; kw;Wk; @A@ gjpntL efy; Mfpa Mtz';fis ,t;tYtyfj;jpw;F bgwg;gl;ljhYk; j';fspd; nfhhpf;iffs; Fwpj;j kD ghh;it (6)?y; fhQqk; ,t;tYtyf fojj;jpd; K:yk; epuhfhpf;fg;gl;lJ/'12. To be noted, earlier order dated 21.03.2025 in W.P.No.8998 Page Nos.10/16 https://www.mhc.tn.gov.in/judis W.P.No.31893 of 2025of 2025 has been extracted and reproduced supra and it would be clear from the order that there is no sweeping direction to remove encroachments and file a report. On the contrary earlier order only directs survey to be conducted and suitable action under appropriate statute to be commenced if any encroachments are found. This is clear as day light from paragraph 9 of the earlier order of this Court.13. Proviso to Section 28(2)(ii) of Highways Act makes it clear that 'Administrator' has to make 'final orders' and before making such final orders, the 'Administrator' should 'consider any representation' received within the time limit. To be noted, proviso to Section 28(2)(ii) of Highways Act reads as follows:'28. Prevention of encroachment. -(1) .......(2) .......(i) ............(ii) ...........Provided that any representation received within the time-limit shall be considered by the authority or officer concerned before passing final orders'Page Nos.11/16 https://www.mhc.tn.gov.in/judis W.P.No.31893 of 202514. As would be evident from the narrative thus far, it is clear that the impugned orders have not considered the representation of the writ petitioners (representation/response to the SCNs being common/joint representation dated 16.05.2025) and therefore, the impugned orders are liable to be dislodged on this short point but we direct fresh consideration of writ petitioners' common/joint representation dated 16.05.2025.15. Ergo, the sequitur is, the following order is made:15.1 Impugned orders all dated 07.08.2025 bearing reference f/vz;/122-(15)-2025-f/fh. f/vz;/122-(19)-2025-f/fh. f/vz;/122-(8)-2025-f/fh. f/vz;/122-(24)-2025-f/fh. f/vz;/122-(21)-2025-f/fh. f/vz;/122-(17)-2025-f/fh. f/vz;/122-(5)-2025-f/fh. f/vz;/122-(11)-2025-f/fh. f/vz;/122-(16)-2025-f/fh. f/vz;/122-(7)-2025-f/fh. f/vz;/122-(20)-2025-f/fh. f/vz;/122-(22)-2025-f/fh. f/vz;/122-(10)-2025-f/fh. f/vz;/122-(23)-2025-f/fh. f/vz;/122-(9)-2025-f/fh. f/vz;/122-(6)-2025-f/fh and f/vz;/122-(18)-2025-f/fh are set aside though the prayer in the captioned WP mentions Page Nos.12/16 https://www.mhc.tn.gov.in/judis W.P.No.31893 of 2025reference number of one impugned order;15.2 R7, who qualifies as 'Administrator' within the meaning of Section 28(2)(ii) of Highways Act shall now consider the writ petitioners' common/joint representation dated 16.05.2025 in response to the SCNs dated 09.05.2025 and pass orders afresh by considering all the points in accordance with proviso to Section 28(2)(ii) of Highways Act;15.3 Aforesaid exercise shall be completed by R7 / 'Administrator' within the meaning of Section 28(2)(ii) of Highways Act as expeditiously as the business of respondents permits but in any event within four weeks from today i.e., on or before 17.09.2025;15.4 Orders made in the aforesaid manner by R7 / 'Administrator' within the meaning of Section 28(2)(ii) of Highways Act shall be served on each of the writ petitioner under due acknowledgment within seven working days from the date of the order.Page Nos.13/16 https://www.mhc.tn.gov.in/judis W.P.No.31893 of 202516. Captioned main WP is allowed albeit with aforementioned observations, directives and preservation of rights. As impugned orders have been dislodged, captioned Writ Miscellaneous Petition (WMP) thereat has become otiose and the same is disposed of as closed. There shall be no order as to costs.(M.S.,J.)(H.C.,J.) 20.08.2025Index : Yes / NoNeutral Citation : Yes / NommiTo1.The District Collector, Collectorate Buildings, Sathuvachary, Vellore District.2.The District Revenue Officer, Collectorate Buildings, Sathuvachary, Vellore District.3.The Revenue Divisional Officer, Collectorate Buildings, Sathuvachary, Vellore District.4.The Tahsildar, Taluk Office, Vellapadi Village, Vellore District.Page Nos.14/16 https://www.mhc.tn.gov.in/judis W.P.No.31893 of 20255.The Superintending Engineer, Highways Department, Vellore District.6.The Divisional Engineer, Highways Department, Vellore Division and District.7.The Assistant Divisional Engineer, Highways Department, Vellore Division and District.8.The Assistant Engineer, Highways Department, Vellore Division and District.M.SUNDAR, J.,andHEMANT CHANDANGOUDAR, J.,Page Nos.15/16 https://www.mhc.tn.gov.in/judis W.P.No.31893 of 2025mmiW.P.No.31893 of 202520.08.2025Page Nos.16/16