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.

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)

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