Rajagopal v. District Collector, Tiruvannamalai District
2021-02-23
A.A.NAKKIRAN, M.SATHYANARAYANAN
body2021
DigiLaw.ai
ORDER : M. Sathyanarayanan, J. 1. Heard the submission of the learned counsel appearing for the petitioner and Mr. Kamalesh Kannan, learned Government Advocate appearing for the respondents 1 and 2. 2. The petitioner claims to be the sole and absolute owner of land admeasuring an extent of 46 ares comprised in S.F. No. 63/1A, 20 ares comprised in S.F. No. 63/1C, 50 ares comprised in S. No. 64/2A, 11 ares comprised in S.F. No. 64/2C, 16 ares comprised in S.F. No. 64/4 and 30 ares comprised in S.F. No. 64/6, situated at Vengaikal Village, Tiruvannamalai Taluk and District and further claims that he is carrying on agricultural operations. 3. It is the case of the petitioner that there exists an Highway Poramboke land in S.F. No. 56, which is a point of access to his agricultural land and in the light of the fact that the 5th respondent has encroached upon the same and putting up an unauthorised construction, he submitted a representation dated 15.12.2020 to the concerned official respondents and despite receipt and acknowledgment, no action whatsoever has been taken and therefore, he is constrained to approach this Court by filing this Writ Petition. 4. Heard the submission of the learned counsel appearing for the petitioner and he would submit that the representation submitted in this regard, can be given disposal in accordance with law at an early date. 5. The learned Government Advocate appearing for respondents 1 and 2, on instructions, would submit that S.F. No. 55 alone is classified as 'Highway Poramboke' and on inspection, some encroachments have been noted and therefore, further action would be taken in accordance with law for removal of encroachments. 6. This Court has carefully considered the rival submissions and also perused the materials placed before it. 7. It is relevant to extract Section 28 of the Tamil Nadu Highways Act, 2001: 28. Prevention of encroachment:- (1) The Highways Authority or any person authorised by it in this behalf shall, at such time as may be considered necessary, conduct such checks and periodical inspection of the highway boundaries, with the view to ensure the prevention of unauthorised encroachment and the removal of such encroachment.
Prevention of encroachment:- (1) The Highways Authority or any person authorised by it in this behalf shall, at such time as may be considered necessary, conduct such checks and periodical inspection of the highway boundaries, with the view to ensure the prevention of unauthorised encroachment and the removal of such encroachment. (2) The Highways Authority or any person authorised by it in this behalf, may- i. remove, without any notice, any movable temporary structure, enclosure, stall, booth, any article whatsoever hawked, exposed or displayed for sale or any other thing whatsoever by way of encroaching the highway or in any area where the construction or development of a highway is undertaken or proposed to be undertaken; ii. remove any immovable structure, whether permanent or temporary in nature, encroaching the highway or in the area vested with Government under this Ac, after issuing a show cause notice against such removal, returnable within a period of seven days from the date of receipt thereof;" 8. In the light of the provisions of the Tamil Nadu Highways Act, 2001, it is open to the respondents 3 and 4 to take immediate, necessary and further action in accordance with law, for removal of alleged encroachment caused by the 5th respondent and also by adhering to the principles of natural justice and complete the said exercise within a period of ten weeks from the date of receipt of a copy of this order/uploading of the order in the website and communicate the decision taken, to the petitioner as well as to the 5th respondent. 9. The Writ Petition stands disposed of accordingly. No costs.