1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2011 CORAM: THE HONOURABLE MR. JUSTICE P.JYOTHIMANI and THE HONOURABLE MR. JUSTICE M.DURAISWAMY Writ Petition (MD) No.2238 of 2011 and M.P.(MD)No.1 of 2011 Palaniappan .. Petitioner vs. 1.The Divisional Engineer, Highways, Karur Division, Karur. 2.The Assistant Divisional Engineer, Highways, Aravakurichi, Karur District. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to impugned order passed by the 2nd respondent in his proceedings nil dated 14.2.2011 and quash the same. For Petitioner : Mr.Mayil Vahana Rajendran For respondents : Mr.Aairam K.Selvakumar Government Advocate ORDER (Order of the Court was made by P.JYOTHIMANI, J) The Writ Petition challenges the general notice issued by the second respondent dated 14.2.2011 directing removal of encroachment against the various shop owners in Karur – Easanatham – Kooppur – Viriyampatti Road in Aravakurichi Taluk, Karur District. 2. The only grievance of the petitioner is that under the Tamil Nadu Highways Act, 2001 before removal of the encroachments, show cause notice should have been given and thereafter, the authorities should pass orders as per Section 28 of the Act. 3. Section 28 (2) of Act, which is extracted hereunder, contemplates that the encroachment can be removed without any notice if it is movable structure and in respect of immovable structure, after issuing a show cause notice against such removal giving 7 days' time to enable the encroacher to give explanation, final orders will have to be passed. "(2) The Highways Authority or any person authorised by it in this behalf, may - (i) remove, without any notice, any movable temporary structure, enclosure, stall, booth, any article whatsoever hawked, exposed or displayed for sale or any other thing whatsoever by way of encroaching the highway or in any area where the construction or development of a highway is undertaken or proposed to be undertaken; https://hcservices.ecourts.gov.in/hcservices/ 2 (ii)remove any immovable structure, whether permanent or temporary in nature, encroaching the highway or in the area vested with Government under this Act, after issuing a show cause notice against such removal, returnable within a period of seven days from the date of receipt thereof." 4. Now, this petitioner is aware of the general notice which is being challenged. We are of the view that, as per the provisions of the Act, the general notice should be treated as a show cause notice, known to the knowledge of the petitioner, and the petitioner should be permitted to give his explanation within 7 days from today. 5. Accordingly, the Writ Petition stands disposed of by directing the impugned notice to be treated as show cause notice. The petitioner is entitled to give his objection within 7 days from the date of receipt of a copy of this order and thereafter, the second respondent shall pass appropriate orders in the manner known to law. No costs. Connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(P & A) /True copy/ Sub Assistant Registrar(CS) To 1.The Divisional Engineer, Highways, Karur Division, Karur. 2.The Assistant Divisional Engineer, Highways, Aravakurichi, Karur District. +1 CC to Mr.C.Mayilvahana Rajendran, Advocate, SR.No.23574 asvm W.P.(MD) No.2238 of 2011 and M.P.(MD)No.1 of 2011 18.07.2011 TR : 27.07.2011 : 2p/4c https://hcservices.ecourts.gov.in/hcservices/