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2015 DIGILAW 1165 (MAD)

T. Tilakavathi v. State of Tamil Nadu, represented by the Secretary to Government, State Highways Department, Chennai

2015-02-26

M.VENUGOPAL, SATISH K.AGNIHOTRI

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JUDGMENT:- Satish K. Agnihotri, J. 1. The petitioner by this petition seeks a direction to the respondents 1 to 7 to pass appropriate orders under the Tamil Nadu Highways Act, 2001 against encroachments made by respondents 8 to 18 on State Highways land, abutting the petitioner's property contained in Survey Nos.199/2A, 199/2B, 199/2C, 199/2D, 199/2E in Tiruchengodu Municipal Town Ward D, which have disrupted the ingress and egress from the petitioner's property. 2 .Pursuant to the notice issued by this Court, the third respondent, i.e., Assistant Divisional Engineer, Highways Department, Tiruchengodu, has filed a counter affidavit, as under : “3.It is humbly submitted that as per G.O.129 dated 17.3.2004 the Tiruchengodu Municipality handed over the lands and Roads mentioned in the affidavit to the Highways Department herein. It is humbly submitted that the details of the encroached made in the road was given to the third respondent on 23.2.2015. On receipt of the details the third respondent herein issued notice Ku.Number 5/15/E/Nee/u.dated 23.2.2015 under Sec.28(2)(ii) of the Tamil Nadu State Highways Act 2001 to the respondents 8 to 18 herein by giving 7 days notice to submit his explanation.” 3. Relying on the said averment, the learned Special Government Pleader, appearing for the third respondent, would submit that the notice under Section 28(2)(ii) of the Tamil Nadu State Highways Act, 2001 has been issued on 23.2.2015 to the alleged encroachers, i.e., respondents 8 to 18, granting seven days time to submit their explanation. The time has not yet come to an end. The third respondent will take all steps required under the provisions of law to ensure that no encroachment continues on the Highways as pointed out by the learned counsel for the petitioner. 4. The learned counsel appearing for the private respondents have no objection to such exercise, as the private respondents have an opportunity to present their case before the authorities. 5. We accordingly direct the official respondents to take all necessary steps for removal of encroachment if it is found, on proper enquiry after consideration of the representation made by the alleged encroachers pursuant to the notice dated 23.2.2015. The entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. Accordingly, this writ petition is disposed of. No costs. Consequently connected miscellaneous petition is closed.