Under the Tamil Nadu Highways Act, 2001, can a notice be quashed for not considering a representation dated after the writ petition?
Tamil Nadu Highways Act, 2001 — s.28, s.28(2) — Constitution of India — Art.226 — Certiorari — Representation dated after the writ petition — Removal of obstruction —
Tamil Nadu Highways Act, 2001 — s.28(2) — Representation post-dating the writ petition —
Held: A claim that a representation should be examined cannot rest on a representation dated after the writ petition was filed; such a representation can only be considered as one submitted afresh. (¶2, 3)
Tamil Nadu Highways Act, 2001 — s.28 — Movables abutting the highway — obstruction —
Held further: Section 28 provides authority to the respondents to remove any obstruction, and movables stacked up abutting the highways attract that authority. Writ petitions disposed of. (¶3, 4)
Under the Tamil Nadu Highways Act, 2001, can a notice be quashed for not considering a representation dated after the writ petition?
No. The notice was dated 29.06.2026, the writ petitions were filed on 23.07.2026, and the representations of the petitioners were dated 30.07.2026 — a day later than the hearing itself. The Court was not able to understand how the petitioners could have made representations tomorrow and filed the writ petitions about 7 days before the issuance of the representations; the representations could only be considered as representations submitted afresh. [¶2, ¶3]
Does Section 28 of the Tamil Nadu Highways Act, 2001 permit removal of movables stacked abutting a highway?
Yes. Section 28 of the Tamil Nadu Highways Act provides authority to the respondents to remove any obstruction, and the petitioners' own case in the affidavit was that they had only movables stacked up abutting the highways. [¶3]
What did the Madras High Court finally direct on the highway obstruction notices?
The writ petitions were disposed of with a direction that the representations dated 30.07.2026 be considered as representations submitted afresh within 3 working days and orders passed on 03.08.2026, the respondents being permitted to proceed further in accordance with law on and from 04.08.2026. There was no order as to costs and the connected miscellaneous petitions were closed. [¶3, ¶4]
Prepared by the LexStreak Editorial Desk — verify against the judgment.
“2. It is contended that the provision of law stipulates that if any representation is given, the same should be considered. The notice is dated 29.06.2026. The representations of the petitioners are dated 30.07.2026. Today, the date is 29.07.2026. We are not able to understand as to how the petitioners could have made representations tomorrow (30.07.2026) and filed the writ petitions on 23.07.2026 about 7 days before the issuance of the representations and claim that the representation should be examined.”
“3. Even otherwise, it is claimed in the affidavit that the petitioners have only movables stacked up abutting the highways. Section 28 of the Tamil Nadu Highways Act, provides authority to the respondents to remove any obstruction. We also hold that the said representations dated 30.07.2026 should be considered as representations submitted afresh and direct consideration of the same within 3 working days, namely by 31.07.2026, 01.08.2026 and 02.08.2026. Orders should be passed on that representations on 03.08.2026. The respondents are permitted to proceed further in accordance with law on and from 04.08.2026.”
“4. Observing as above, all the writ petitions stand disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs. (C.V.K.,J.) (R.S.V.,J.) 29-07-2026”
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(Order of the Court was made by C.V.Karthikeyan J.) The writ petitions have been filed claiming that notices issued under Section 28(2)2 of the Tamil Nadu Highways Act, 2001 should be quashed by this Court by way of issuing certiorari.
It is contended that the provision of law stipulates that if any representation is given, the same should be considered. The notice is dated 29.06.2026. The representations of the petitioners are dated 30.07.2026. Today, the date is 29.07.2026. We are not able to understand as to how the petitioners could have made representations tomorrow (30.07.2026) and filed the writ petitions on 23.07.2026 about 7 days before the issuance of the representations and claim that the representation should be examined.
Even otherwise, it is claimed in the affidavit that the petitioners have only movables stacked up abutting the highways. Section 28 of the Tamil Nadu Highways Act, provides authority to the respondents to remove any obstruction. We also hold that the said representations dated 30.07.2026 should be considered as representations submitted afresh and direct consideration of the same within 3 working days, namely by 31.07.2026, 01.08.2026 and 02.08.2026. Orders should be passed on that representations on 03.08.2026. The respondents are permitted to proceed further in accordance with law on and from 04.08.2026.
Observing as above, all the writ petitions stand disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs. (C.V.K.,J.) (R.S.V.,J.) 29-07-2026
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