Madras High CourtWP/30000/2014disposed of

P.Selvarajan v. The Divisional Engineer

2015-01-20Honourable The Chief Justice,Honourable Mr Justice M.M.Sundresh3 pages

In the High Court of Judicature at Madras Dated: 20.01.2015 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice M.M. SUNDRESH Writ Petition No. 30000 of 2014 P. Selvarajan .. Petitioner vs.

1. The Divisional Engineer Construction and Maintenance State Highways Division Salem - 636 007.

2. The Assistant Divisional Engineer Construction and Maintenance State Highways Division Attur - 636 102, Salem District.

3. The Tahsildar Attur Taluk Attur, Salem District.

4. The Deputy Superintendent of Police Attur, Salem District.

5. The Commissioner Attur Municipality Attur.

.. Respondents --- PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to remove the encroachments made on the Salem Ulundurpet Highways Road S.U.55 between Km.50.350 to Km.52.000 at Attur based upon the representation of the petitioner dated 20.03.2014, 23.08.2014 and 11.09.2014.

For Petitioner : Mr. S. Doraisamy For Respondents : Mr. S.T.S. Murthi Government Pleader.

O R D E R

(Made by The Hon'ble The Chief Justice) The petitioner is concerned about the encroachment on the SalemUlundurpet State Highways Road - S.U.55 between Km.50.350 to Km.52.000 at Attur.

2. The affidavits filed by the respondents including the second respondent show that there are no permanent encroachments, but, temporary shops are opened, from which vending takes place, but, as and when detected, the second respondent removes the same.

3. We fail to appreciate as to how there can be vending on Highways - a matter of concern even for safety of the traffic on the Highways. The authorities including the police, thus, are required to ensure that the State Highways are clear from any encroachment, whether temporary or permanent. It is in fact unbelievable that such activity can go on right under the nose of the authorities other than by way of negligence or collusion.

4. We direct the respondent authorities to ensure that there is no permanent or temporary encroachment on the State Highways.

5. The writ petition accordingly stands disposed of. No costs. Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

ATR

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