Case Note & Summary
The writ petition was filed by K. Ganesan challenging the final notice issued under Section 28(2)(ii) of the Tamil Nadu Highways Act, 2001, by the Assistant Divisional Engineer (Highways), Sankari, and other related orders. The petitioner sought a writ of certiorarified mandamus to quash the impugned orders and to direct the respondents to grant permission for right of access through the road margin of Vaiguntham – Vadugapatti State Highways to reach his house and patta lands. The authorities had initiated enforcement actions in pursuance of orders of the High Court dated 06.06.2025 in W.P.No.18421 of 2025. During inspection, encroachments in the highways properties were identified, leading to the issuance of the notice under Section 28 of the Highways Act. The court observed that since a final notice had been issued, the petitioner was at liberty to submit his representation along with documents to the Assistant Divisional Engineer within two weeks from the date of receipt of a copy of the order. If such representation is received, the respondents shall consider it and take a final decision regarding the encroachments already identified, and thereafter, the authorities are directed to remove the encroachments, if any, identified. The writ petition was disposed of with these observations, and the connected miscellaneous petitions were closed. No order as to costs.
Headnote
A) Highways Law - Encroachment - Section 28(2)(ii) Tamil Nadu Highways Act, 2001 - Final Notice - The petitioner challenged the final notice issued under Section 28(2)(ii) of the Tamil Nadu Highways Act, 2001, for removal of encroachment on highway property. The court held that the petitioner is at liberty to submit a representation along with documents to the Assistant Divisional Engineer within two weeks, and the authorities shall consider the same and take a final decision regarding the encroachments already identified. (Paras 2-3)
Issue of Consideration
Whether the final notice issued under Section 28(2)(ii) of the Tamil Nadu Highways Act, 2001, for removal of encroachment on highway property is valid and whether the petitioner is entitled to an opportunity of hearing before removal.
Final Decision
The writ petition was disposed of with the observation that the petitioner is at liberty to submit his representation along with documents to the Assistant Divisional Engineer within two weeks. If such representation is received, the respondents shall consider it and take a final decision regarding the encroachments already identified, and thereafter, the authorities are directed to remove the encroachments, if any, identified. Connected miscellaneous petitions are closed. No order as to costs.
Law Points
- Right of access to highway
- Encroachment on highway property
- Notice under Section 28(2)(ii) of Tamil Nadu Highways Act
- 2001
- Opportunity of hearing before removal of encroachment
Case Details
2026 LawText (MAD) (04) 87
W.P.No.37158 of 2025 and W.M.P.Nos.41589 & 41592 of 2025
S. M. Subramaniam, K. Surender
Mr.N.Manokaran (for petitioner), Mr.T.Arunkumar, Additional Government Pleader (for respondents)
The District Collector, Salem; The Divisional Engineer (Highways), Edappadi; The Assistant Divisional Engineer (Highways), Sankari; The Assistant Engineer (Highways), Sankari
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging final notice under Section 28(2)(ii) of the Tamil Nadu Highways Act, 2001, for removal of encroachment on highway property.
Remedy Sought
Petitioner sought a writ of certiorarified mandamus to quash the impugned orders and to direct the respondents to grant permission for right of access through the road margin of Vaiguntham – Vadugapatti State Highways to reach his house and patta lands.
Filing Reason
The petitioner challenged the final notice issued under Section 28(2)(ii) of the Tamil Nadu Highways Act, 2001, by the Assistant Divisional Engineer (Highways), Sankari, and other related orders, alleging encroachment on highway property.
Previous Decisions
Enforcement actions were initiated in pursuance of orders of the High Court dated 06.06.2025 in W.P.No.18421 of 2025.
Issues
Whether the final notice under Section 28(2)(ii) of the Tamil Nadu Highways Act, 2001, is valid.
Whether the petitioner is entitled to an opportunity of hearing before removal of encroachment.
Submissions/Arguments
Petitioner argued that the impugned orders are illegal and that he has a right of access to his house and patta lands.
Respondents contended that encroachments were identified during inspection and notice under Section 28 of the Highways Act was issued.
Ratio Decidendi
The court held that when a final notice under Section 28(2)(ii) of the Tamil Nadu Highways Act, 2001, has been issued, the affected person is entitled to submit a representation along with documents to the authority, which must be considered before taking a final decision on removal of encroachments.
Judgment Excerpts
The writ petition has been filed challenging the final notice issued under Section 28(2)(ii) of the Tamil Nadu Highways Act, 2001.
In view of the fact that a final notice has been issued, the petitioner is at liberty to submit his representation along with documents, if any, to the Assistant Divisional Engineer, within a period of two weeks from the date of receipt of a copy of this order.
If any such representation is received by the respondents, the same shall be considered and a final decision shall be taken regarding the encroachments already identified and thereafter, the authorities are directed to remove the encroachments, if any, identified.
Procedural History
The writ petition was filed directly before the High Court under Article 226 of the Constitution of India challenging the final notice under Section 28(2)(ii) of the Tamil Nadu Highways Act, 2001. The court disposed of the petition on 27.04.2026.
Acts & Sections
- Tamil Nadu Highways Act, 2001: 28, 28(2)(ii)
- Constitution of India: Article 226
