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2024 DIGILAW 1523 (MAD)

Indian Oil Corporation Ltd. v. State Government of Tamil Nadu

2024-07-05

K.GOVINDARAJAN THILAKAVADI, M.SUNDAR

body2024
ORDER : [Order of the Court was made by M.SUNDAR, J.,] This common order will now dispose of the captioned 4 Writ Petitions' {hereinafter 'WP' in singular and 'WPs' in plural for the sake of brevity} and 7 Writ Miscellaneous Petitions' {hereinafter 'WMP' in singular and 'WMPs' in plural for the sake of brevity} thereat. 2. When the matter was taken up, Mr.AR.L.Sundaresan, learned Senior Counsel appearing on behalf of Mr.V.Anantha Natarajan, counsel on record for petitioner in W.P.No.6337 of 2024, Mr.Sharukumar .S.I, learned counsel representing Mr.R.Ashraf Khan, counsel on record for petitioner in W.P.No.6399 of 2024, Mr.S.Karthikeyan, learned counsel on record for petitioner in W.P.No.9094 of 2024, Mr.M.Baskar, learned counsel on record for petitioner in W.P.No.12126 of 2024, Mr.T.K.Saravanan, learned Government Advocate for R1 to R3 in W.P.No.6337 of 2024, for R1 to R4 in W.P.No.6399 of 2024, for R1 to R5 in W.P.No.9094 of 2024, for R1 to R4 in W.P.No.12126 of 2024 and Mr.V.Anantha Natarajan, learned counsel for R5 and R6 in W.P.No.6399 of 2024 are before this Court. 3. All the aforementioned learned counsel submit in one voice in unison that the captioned matters are squarely covered by an earlier order dated 14.06.2024 made by this Bench in S.Suman Vs. State of Tamil Nadu and five others {W.P.No.15484 of 2024 and WMPs thereat reported in 2024 : MHC : 2393 [Neutral Citation of Madras High Court]}. 4. In the light of the aforementioned submission, we deem it appropriate to scan and reproduce the entire order in Suman's case. A scanned reproduction of Suman's case is as follows: 5. The operative portions of Suman's case are paragraph No.11 and concluding paragraph. 6. 4. In the light of the aforementioned submission, we deem it appropriate to scan and reproduce the entire order in Suman's case. A scanned reproduction of Suman's case is as follows: 5. The operative portions of Suman's case are paragraph No.11 and concluding paragraph. 6. In the light of the submissions made by aforementioned all learned counsel made in unison and in the light of Suman's case, the following order is made: (i) Impugned proceedings dated 29.02.2024 bearing reference Letter No.286/2010/Assist in 4 captioned WPs and also the impugned proceedings dated 06.03.2024 issued to the writ petitioner in W.P.No.6337 of 2024 are set aside primarily on the ground that 'Show Cause Notice' {'SCN'} and response aspect of Section 28(2)(ii) of 'the Tamil Nadu Highways Act, 2001' {hereinafter 'Highways Act' for the sake of brevity} have not been complied; (ii) The Assistant Divisional Engineer, Highways, Chennai, shall now construe earlier proceedings dated 30.10.2023 issued to writ petitioners in W.P.Nos.6399, 9094 & 12126 of 2024 as SCNs, consider writ petitioners' replies and also consider the reply of writ petitioner in W.P.No.6337 of 2024 and make orders afresh; (iii) Though obvious, we make it clear that we have not expressed any view or opinion on the merits of the matter and therefore the Assistant Divisional Engineer, Highways, Chennai, shall now decide the matter afresh untrammeled by any observations made in this common order; (iv) Aforementioned exercise shall be completed by the Assistant Divisional Engineer, Highways, Chennai, as expeditiously as the business of the Assistant Divisional Engineer would permit but in any event within four weeks from today ie., by 02.08.2024; (v) Proceedings of the Assistant Divisional Engineer, Highways, Chennai, shall be communicated to the writ petitioners under due acknowledgment within three working days from the date of the proceedings; (vi) Further proceedings will obviously be pursuant to/ subject to/ depending on the de novo proceedings to be made. 7. As regards W.M.P.No.9033 of 2024 in W.P.No.6399 of 2024, we dispose of W.M.P.No.9033 of 2024 in the light of proviso to Section 28(2)(ii) of Highways Act which says if the WMP petitioner makes a representation, the same will be considered before making final orders. 8. Captioned 4 WPs and captioned 7 WMPs thereat are disposed of on the same terms i.e., as in S.Suman's case reported in 2024:MHC:2393. There shall be no order as to costs. 9. 8. Captioned 4 WPs and captioned 7 WMPs thereat are disposed of on the same terms i.e., as in S.Suman's case reported in 2024:MHC:2393. There shall be no order as to costs. 9. Though captioned writ petitions are disposed of, Registry is directed to list the captioned writ petitions under the cause list caption 'FOR REPORTING COMPLIANCE' on 16.08.2024.