Indian Public School (P) Ltd v. Assistant Divisional Engineer (C And M)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 22.03.2022 Coram:
THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, Chief Justice and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.A.No.684 of 2022 and C.M.P.No.4754 of 2022 Indian Public School (P) Ltd., Represented by its Chairman A.Ashokkumar, Sathy Road, Sarkkar Samakkulam Po., Coimbatore.
...Appellant Vs.
1. Assistant Divisional Engineer (C & M), Highways Department, Annur, Coimbatore District.
2. Divisional Engineer, Highways Department, Coimbatore-18.
3. The Superintending Engineer, Office of Highways Department, Coimbatore-641 018.
...Respondents
Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 06.12.2021 passed by the learned Single Judge in W.P.No.23342 of 2014 on the file of this Court. Prayer in W.P. No. 23342/2014:
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent relating to his proceedings Lr.No.553/ 2014/ Ee.Va.Aa/ dated 24.07.2014 and quash the same and forbearing the respondents, their men, agent, employees etc., from removing foot over-bridge at 0/8 km in Devampalayam to Pethanaickenpalayam Highway.
For appellant : Mr.Prahalad K.Bhat
JUDGMENT
(The Judgment of the Court was delivered by The Hon'ble Chief Justice) The Writ Appeal has been filed to challenge the order dated 06.12.2021, whereby, the Writ Petition preferred by the appellant/writ petitioner was disposed of with liberty. The Writ Petition was filed against the order dated 24.07.2014 and to seek direction to forbear the respondents from removing the foot over-bridge at 0/8 km in Devampalayam to Pethanaickenpalayam Highways.
2. The appellant/writ petitioner failed to show the approval of the authority for raising foot over-bridge and accordingly, a direction was given to remove it. The writ petitioner has already removed the foot over-bridge, yet, filed the present appeal and now, the only direction sought is that if they pursue the application to seek approval/permission to construct the foot over-bridge, the respondents may consider it as per the provisions of law. In that case, the petitioner is not required to press the present Writ Appeal.
3. In view of the above submission made by the learned counsel for the appellant, we do not find a case to cause interference in the impugned order. However, the Writ Appeal is disposed of, with liberty to the appellant/writ petitioner to pursue the application seeking approval/permission of the construction of the foot over-bridge. In that case, the authorities would consider the matter in accordance with law. However, this direction may not be construed to mean that a positive direction is issued for grant of permission/approval, rather, it is to be analysed by the authority concerned. No costs. Consequently, C.M.P. is closed.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar cs
To
1. The Assistant Divisional Engineer (C & M), Highways Department, Annur, Coimbatore District.
2. The Divisional Engineer, Highways Department, Coimbatore-18.
3. The Superintending Engineer, Office of Highways Department,Coimbatore-641 018. +3 Ccs to Mr.Prahalad K.Bhat , Advocate sr 20004. W.A.No.684 of 2022 GPL(CO) SP(29/03/2022)