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Madras High Court· 29 July 2026

Under the Tamil Nadu Highways Act, 2001, can a writ petition claim that a representation dated after the petition was filed should be examined?

S.Pichaimuthu v. The Divisional Engineer (Highways)
2026:MHC:3149 · WP(MD) No. 21554 of 2026
Coram: Justice C.V. Karthikeyan · Justice R.Sakthivel
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Answer

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.

Headnote

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)

In the Court's own words
Paragraph 2It 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.
Acts & Sections
s.28(2) Tamil Nadu Highways Act, 2001s.28 Tamil Nadu Highways Act, 2001

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Also decided in this judgment
Does Section 28 of the Tamil Nadu Highways Act, 2001 authorise removal of movables stacked up abutting the highways?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections