P T PONRAJ Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) BY consent of all the parties, writ petition itself is taken up for disposal. The petitioner by name P.T. Ponraj , Ex-Managing Trustee and devotee of Arulmigu Vembadi Esakkiamman Koil at Tuticorin has filed this writ petition seeking to quash the proceedings in Memorandum No. 291/2005/a2/ dated 15-04-2005 issued by the third respondent-Assistant Divisional Engineer, Highways Department, Tuticorin and quash the same as illegal and issue direction to the third respondent to consider his representation dated 22-02-2002 preferred by the fourth respondent namely Tamil Nadu Hindu Religious and Charitable Endowment Board.

(2.) IT is brought to our notice that the impugned Notice was issued under Section 6 of Tamil Nadu Land encroachment Act, 1905. Ms. S. Srimathi , learned counsel appearing for respondents, fairly admits that the notice issued under the Land Encroachment Act is not applicable to the land in question and if the respondents want to take action, they have to take action under The National highways Act, 1956. The above statement of the counsel for the respondents is hereby Recorded. On this ground, the impugned notice dated 15-04-2005 is quashed and the writ petition is allowed. No costs. However, liberty is given to the respondents to pursue the matter under national Highways Act, 1956, if they so desire. IT is further made clear that if the petitioner has any grievance, he is free to make fresh representation to the authorities concerned and if any such representation is made, the concerned authority is directed to consider and dispose of the same in accordance with law. Connected miscellaneous petition is closed. .