ORDER : M. SUNDAR, J. 1. Captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) has been filed with a prayer for issue of certiorarified mandamus. Certiorari limb of the prayer assails a 'notice dated 19.12.2023 bearing reference  issued by R2 [Assistant Divisional Engineer (Highways), Construction and Maintenance, Ambattur Sub Division, Avadi, Chennai-600 054]' (hereinafter 'impugned notice' for the sake of convenience and clarity). Mandamus limb is a consequential prayer seeking a mandamus to forbear the respondents from taking coercive action pursuant to impugned notice i.e., coercive action such as demolition of structures, disconnection of electricity service connection etc. 2. A scanned reproduction of the impugned notice is as follows: 3. Adverting to the aforementioned impugned notice, Mr.V.Raghavachari, learned senior counsel appearing on behalf of /instructed by learned counsel on record for writ petitioner Mr.N.R.Anantha Rama Krishnan submitted that the writ petitioner has not been show caused. 4. Mr.T.K.Saravanan, learned Additional Government Pleader appearing for all the respondents submitted on instructions that the impugned notice has been issued under Section 28 of 'The Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002)' [hereinafter 'said Act' for the sake of convenience and clarity] as according to learned State counsel, there is encroachment. 5. We carefully considered the submissions made by both sides. 6. Section 28 of said Act reads as follows: ' 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. (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 Act, after issuing a show cause notice against such removal, returnable within a period of seven days from the date of receipt thereof: Provided that any representation received within the time limit shall be considered by the authority or officer concerned before passing final orders.' 7. There is no disputation before this Court that what is sought to be removed as an encroachment in the case on hand is an immovable structure. Therefore, Section 28(2)(ii) of said Act and the proviso thereat come into play. This means that the writ petitioner ought to be show caused vide a Show Cause Notice (SCN) returnable in seven days and if any representation is made within seven days time frame, the same shall be considered by the authority or officer concerned and 'final orders' have to be made. 8. Therefore, this Court is of the considered view that it will serve the ends of justice if the impugned notice is not dislodged but it is directed to be treated as an SCN within the meaning of Section 28(2)(ii) of said Act, permit the writ petitioner to respond within seven days from today and make it clear that the authority or officer concerned shall pass 'final orders' after considering such representation. Before we write the operative portion of the order in this regard, we deem it appropriate to write that Section 28 notice can be issued either by a 'Highways Authority' or 'any person authorised by it'. Highways Authority is defined vide Section 2(13) of said Act which takes us to Section 5(2) which read as follows: Section 2(13) of said Act: ' 2(13) : "Highways Authority" means the officer appointed under sub-section (2) of Section 5.' Section 5 of said Act: ' 5. Appointment of Highways Authorities.- (1) ............ Highways Authority is defined vide Section 2(13) of said Act which takes us to Section 5(2) which read as follows: Section 2(13) of said Act: ' 2(13) : "Highways Authority" means the officer appointed under sub-section (2) of Section 5.' Section 5 of said Act: ' 5. Appointment of Highways Authorities.- (1) ............ (2) The Divisional Engineer, Highways Department of the Government in-charge of each division, shall be the Highways Authority for that division.' 9. This means that R1 is the Highways Authority. This Court wanted to know from the learned State counsel if R1 has authorised R2 to issue the impugned notice and learned State counsel placed before us the following proceedings: 10. We make it clear that it is open to the writ petitioner to raise the competence issue also and we add in the same breath that we have not expressed any view one way or the other on the competence of R2 to issue a SCN. 11. Another point is, a notice under Section 28(2)(ii) of said Act can be issued with regard to 'Highway' or 'area vested with Government under the said Act'. Learned State counsel submits that the case on hand is one of Highway. Highway is defined vide Section 2(12) which takes us to Section 3 which read as follows: 'Section 2(12) of said Act : 2. In this Act, unless the context otherwise requires,- (1) ..................... (2) .................... (3) .................... (4) ................... (5) ................... (6) ................... (7) .................. (8) ................. (9) ................... (10) ................ (11) ................. Highway is defined vide Section 2(12) which takes us to Section 3 which read as follows: 'Section 2(12) of said Act : 2. In this Act, unless the context otherwise requires,- (1) ..................... (2) .................... (3) .................... (4) ................... (5) ................... (6) ................... (7) .................. (8) ................. (9) ................... (10) ................ (11) ................. '(12) "highway" means any road, way or land which is declared to be a highway under section 3 and includes-- (a) all land appurtenant thereto, whether demarcated or not; (b) the slope, berm, burrow pits, foot paths, pavement, whether surfaced or unsurfaced; (e) all bridges, culverts, causeways, carriage ways or other structures built on or across such road or way; (d) the foot-way attached to any road, public bridge or causeway; (e) the drains attached to any such street, public bridge or causeway and the land, whether covered or not by any pavement, verandah or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property, whether that property is private or property belonging to the Central Government or any State Government; and (f) all fences, trees, posts and boundaries, hectometer and kilometer stones and other highway accessories and materials stacked on such road or public bridge or causeway, but does not include a National Highway declared as such by or under the National Highways Act, 1956 (Central Act 48 of 1956).' Section 3 of said Act: '3.Declaration of roads, ways or lands as highways.- On the recommendation made by the State Highways Authority, the Government may, by notification, declare any road, way or land to be highway and classify it as any one of the following, namely:- (i) a State Highway; (ii) a major district road; (iii) other district road; or (iv) a village road: Provided that where such road, way or land whether in whole or in part is owned by any local authority, such notification shall be issued with the concurrence of that local authority by a resolution passed by it in this behalf.' 12. The above question as to whether the alleged encroachment is in highway within the meaning of said Act is also left open. 13. The above question as to whether the alleged encroachment is in highway within the meaning of said Act is also left open. 13. In the light of the narrative discussion and dispositive reasoning set out supra, the following order is made: 13.1 The impugned notice is not dislodged/set aside i.e., writ of certiorari is not issued but the impugned notice shall now be construed as SCN within the meaning of Section 28(2)(ii) of said Act; 13.2 Aforementioned SCN shall be construed to have been served on the writ petitioner today (18.03.2025); 13.3 Writ petitioner can send a representation if so advised and if so desired within seven days from today i.e., on or before 25.03.2025; 13.4 If the writ petitioner sends a representation within seven days from today, the authority or officer concerned shall consider the same and pass 'final orders' within the meaning of proviso to Section 28(2)(ii) of said Act; 13.5 'Final orders' so passed shall be served on the writ petitioner under due acknowledgment within five working days from the date on which the order is made; 13.6 Any coercive action be it demolition of structures, disconnection of electricity service connection or any other form of coercive action, the same will be subject to and depending on orders to be made in the aforesaid manner; 13.7 If the writ petitioner does not send a representation within seven days from today i.e., on or before 25.03.2025, it is open to the respondents to proceed further in accordance with law pursuant to the impugned notice; 13.8 In the representation of the writ petitioner (if sent), the aforementioned questions which are left open can be raised and the same shall be considered by the authority or officer concerned in making 'final orders'. 14. Captioned main WP is disposed of in the aforesaid manner. As we have made it clear that any coercive action will be subject to and depending on 'final orders' to be made by the authority or officer concerned under proviso to Section 28(2)(ii) of said Act, the injunction WMP becomes otiose and the same is disposed of closed. Axiomatically, vacate injunction petition is also disposed of as closed. There shall be no order as to costs.