Under the Tamil Nadu Highways Act, 2001, can a writ petition claim that a representation dated after the petition was filed should be examined?
Coram: Justice C.V. Karthikeyan · Justice R.Sakthivel
Tamil Nadu Highways Act, 2001 — s.28, s.28(2) — Notice to remove an obstruction — Certiorari — Representation dated after the writ petition — Tamil Nadu Highways Act, 2001 — s.28(2) — Representation dated after the writ petition was filed — Held: Where the representation is dated after the writ petition is filed, the petitioners cannot claim that the representation should be examined. (¶2) Tamil Nadu Highways Act, 2001 — s.28 — Movables abutting a highway are an obstruction — Held further: Section 28 provides authority to the respondents to remove any obstruction; movables stacked up abutting the highways are an obstruction. The representations are considered as representations submitted afresh and consideration of the same is directed. Writ petitions disposed of. (¶3)
Under the Tamil Nadu Highways Act, 2001, can a writ petition claim that a representation dated after the petition was filed should be examined?
No. The provision of law stipulates that if any representation is given, the same should be considered. Here the notice was dated 29.06.2026, the writ petitions were filed on 23.07.2026 and the representations were dated 30.07.2026, so the Court was not able to understand how the petitioners could have made representations tomorrow and claim that the representation should be examined.
Does Section 28 of the Tamil Nadu Highways Act, 2001 authorise removal of movables stacked up abutting the highways?
Yes. Section 28 provides authority to the respondents to remove any obstruction. The petitioners' own affidavit claimed only that they have movables stacked up abutting the highways, and that is an obstruction.
What did the Court direct?
The representations dated 30.07.2026 were to be considered as representations submitted afresh and consideration of the same was directed within 3 working days, namely by 31.07.2026, 01.08.2026 and 02.08.2026, with orders to be passed on those representations on 03.08.2026. The respondents were permitted to proceed further in accordance with law on and from 04.08.2026, and all the writ petitions stand disposed of with no order as to costs.
Prepared by the LexStreak Editorial Desk — verify against the judgment.
One judgment a day. That's the whole habit.
LexStreak turns the Supreme Court's output into a five-minute daily read for advocates — plain-language headnotes, the questions each judgment settles, and the full text when you need it.
Free forever plan · 30 seconds · data stays in India
(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
How is mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 to be judged?
C.M.A.(MD).No.671 of 2020 · Madras High Court
Whether an employee of a Co-operative Society governed by the Tamil Nadu Co-operative Societies Act can invoke the appellate remedy under Section 41 of the Tamil Nadu Shops and Establishments Act?
W.P(MD)No.2081 of 2024 · Madras High Court
Must a customary divorce be pleaded and proved to dissolve a Hindu marriage?
OSA No. 78 of 2019 · Madras High Court
The Supreme Court decides something every day. Read one a day.
A free account gets you the day's judgments in your practice areas, a reading streak, and folders to keep what matters.
Start reading freeHeadnote and questions prepared by the LexStreak Editorial Desk · Report an error · Privacy