Case Note & Summary
The Madras High Court disposed of a batch of eight writ petitions filed by street vendors challenging notices issued by the Highways Department under Section 28(2)2 of the Tamil Nadu Highways Act, 2001, for removal of obstructions on the highway. The petitioners, who were selling nursery plants, bed sheets, fruit juice, fast food, and other items from pushcarts and small shops near Shesaiya Road and Jail Corner in Pudukkottai, contended that the notices were arbitrary and illegal. They sought quashing of the notices and a direction to permit them to continue their business. The court observed that the notices were dated 29.06.2026, and the petitioners had filed representations dated 30.07.2026, which was a future date (as the judgment was delivered on 29.07.2026). The court noted the anomaly but proceeded to treat the representations as fresh representations. It held that under Section 28 of the Act, any representation must be considered by the authorities. Accordingly, the court directed the respondents to consider the representations within three working days (by 31.07.2026, 01.08.2026, 02.08.2026) and pass orders on 03.08.2026. It also permitted the respondents to proceed further in accordance with law from 04.08.2026 onwards. The writ petitions were disposed of with no order as to costs. The court effectively balanced the petitioners' right to have their representations examined with the authorities' duty to remove highway obstructions.
Headnote
A) Highways Act - Removal of Obstructions - Representation Requirement - Tamil Nadu Highways Act, 2001, Section 28(2) - The court noted that if a representation is given under the Act, it must be considered. The notice dated 29.06.2026 was impugned, but representations were dated 30.07.2026 (a future date). The court treated representations as fresh and directed consideration within three working days (by 31.07.2026, 01.08.2026, 02.08.2026) with orders to be passed on 03.08.2026. Respondents were permitted to proceed in accordance with law from 04.08.2026. Held that the representation must be examined before further action is taken. (Paras 2-4)
Issue of Consideration
Whether the impugned notices under Section 28(2)2 of the Tamil Nadu Highways Act, 2001 are arbitrary and illegal; and whether the authorities are bound to consider representations submitted by the petitioners before taking further action
Final Decision
The writ petitions were disposed of with directions that the representations dated 30.07.2026 be treated as fresh representations and considered within three working days (by 31.07.2026, 01.08.2026, 02.08.2026), with orders to be passed on 03.08.2026; respondents were permitted to proceed in accordance with law from 04.08.2026. No order as to costs.
Law Points
- Section 28 of Tamil Nadu Highways Act
- 2001 empowers authorities to remove obstructions
- representation against notice under Section 28(2) must be considered by authorities
- court can direct consideration of representation
- principle of natural justice
