R JAYABALAN, S/O RAMAIAH THEVAR Vs. DISTRICT COLLECTOR, DIVISIONAL ENGINEER, HIGHWAYS, ASSISTANT DIVISIONAL ENGINEER, HIGHWAYS, SIVAKASI AND TAHSILDAR, SIVAKASI, VIRUDHUNAGAR DISTRICT

JUDGEMENT

(1.) This writ petition is directed against the order dated 27.04.2010 passed by the third respondent, in and by which the third respondent has directed the removal of encroachment on the highways No. 42 - Srivilliputhur - Sivakasi - Virudhunagar K.M. 16/8 - 18/4 (Satchiyapuram and Reserve Line).

(2.) On the face of it, the impugned order passed by the third respondent is against the provisions of Section 28(2) of the Tamil Nadu Highways Act, 2001 which reads as follows:

(3.) A reading of the above said Section makes it abundantly clear that whenever an action has been initiated by the Highways Authority, a show cause notice has to be given to the affected person, specifically mentioning the Survey Number and the extent of the land encroached and for the said show cause notice, the affected person is entitled to give a representation and thereafter, on hearing the parties, appropriate order has to be passed for the purpose of removal of encroachment . However, a reference to the impugned order shows that no particulars were given about the Survey Number and the extent of land encroached . In such view of the matter, we are of the view that the impugned order of the third respondent is liable to be set aside with liberty to the third respondent to issue a fresh notice.