WP/40598/2026 of PRABHU Vs THE DIVISIONAL ENGINEER on 9 October 2026

Order

(Order of the Court was made by S.M.Subramaniam J.) Notice issued by the Assistant Divisional Engineer, Highways Department for removal of shop on the Highways road is under challenge in the present writ petition.

2. Learned counsel for the petitioner would submit that no opportunity was granted to the petitioner to submit his explanation as required under the provisions of the Tamil Nadu Highways Government.

3. Learned Special Government Pleader would submit that the encroachment was made nearby the school which causes danger to the children studying in the school and the public using the Highways road. Therefore, the authorities have initiated swift action and the subject shop was already removed. In this regard, the Assistant Divisional Engineer (Highways), C&M, Tiruppur North submitted a report to the District Collector, for the removal of unauthorised shop causing disturbance to the public. Considering the complaints, notice was issued to the petitioner on 17.09.2026 directing him to remove the unauthorised construction, granting time for compliance. Action was taken by the 2nd respondent under Section 28(2)(1) of the Tamil Nadu Highways Act, 2021. The subject structure was a temporary

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booth / bunk stall occupying the Highways road and therefore swift action was taken to remove the temporary structure including the stall / booth encroching upon the Highway without issuance of show cause notice.

4. The Assistant Divisional Engineer would submit that certain temporary structures can be removed without issuance of notice and in this regard, Section 28(2)(1) of the Highways Act reads as under:

(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;

5. A reading of the above provision would make it clear that the administrator or any other person authorised by it shall remove, without any notice, any movable temporary structure, enclosure, stall, booth, any article

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whatsoever hawked, exposed or displayed for sale or any other thing whatsoever by way of encroaching the highway.

6. Therefore, the Statute contemplates that no prior notice is required in respect of temporary structures, stalls etc., Thus, the contention of the petitioner that no show cause notice was issued is untenable in view of the provisions of the Tamil Nadu Highways Act. These provisions are enacted to protect the public interest and Highway road users. In the event of delay in removal of such temporary structures put up by the encroachers would endanger the life of the people using the Highways and would affect the free flow of traffic in the Highways road.

7. In the present case, the temporary stall was installed nearby the school area and therefore the authorities have initiated action under Section 28(2(1) of the Act, which cannot be said to be infirm. Even in the absence of any school, admittedly the temporary structure was made in the Highways road and that itself would be sufficient to initiate action under Section 28(2)(1) of the Act.

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8. With the above observations, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (R.R.V.,J.) 09-10-2026 Index: Yes Speaking order Neutral Citation: Yes KST To The Divisional Engineer Construction and Maintenance Tiruppur Division, Tiruppur

WP No. 40598 of 2026

S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WP No. 40598 of 2026 AND WMP NO. 45551 OF 2026 09-10-2026