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Madras High CourtWP/22537/2014disposed of

A.Alavudeen Basha v. Union Of India

2016-12-20Honourable The Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.22537 of 2014 and M.P.No.1 of 2014 A.Alavudden Basha .. Petitioner -vs1.The Chairman, National Highways Authority of India, G-5 & G-6, Sector 10, Dwarka, New Delhi-110 075.

(Description of Respondent No.1 amended as per this order) 2.The District Collector, Coimbatore.

3.The Superintendent of Police, Coimbatore.

4.The Divisional Engineer (N.H.) Coimbatore.

5.Chinnarajan, Police Constable, K.K.Chavadi Police Station, Coimbatore-641 105.

6.Jabbar .. Respondents (Respondent No.6 impleaded as per the order dt. 23.9.2014 in M.P.No.2 of 2014) in WP.22537/2014 Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 4 not to allow anyone to encroach the acquired land measuring 4 cents in Chavadi-Palakaad Road, Coimbatore for the purpose of widening.

For Petitioner :

Mr.P.R.Balasubramanian For Respondents :

Mr.T.N.Rajagopalan Spl. G.P. for R2, R3 & R4 RR1 & RR5 NA

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The grievance of the petitioner is that the land measuring 4 cents in Chavadi - Palakaad Road, Coimbatore under the control of respondent No.1, which forms part of the road has been encroached upon and despite the representation of the petitioner, no action has been taken.

2. We, thus, direct the National Highways Authority of India to cause an inspection to be made in respect of the land in question within a period of one month of the receipt of the copy of this order and in case, any encroachment is found, to take action in accordance with law, after notice to all concerned and conclude the same within a period of three months thereafter.

3. The description of respondent No.1 should be with proper address and accordingly, the memo of parties be amended.

4. The writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2014 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Chairman, National Highways Authority of India, G-5 & G-6, Sector 10, Dwarka, New Delhi-110 075.

2.The District Collector, Coimbatore.

3.The Superintendent of Police, Coimbatore.

4.The Divisional Engineer (N.H.) Coimbatore.

5.Chinnarajan, Police Constable, K.K.Chavadi Police Station, Coimbatore-641 105.

Copy to:

Mr. P. Willson Standing Counsel for National Highways Authority of India High Court, Madras 104 +1cc to Mr.P.R. Balasubramanian, Advocate, S.R.No.74504 +1cc to the Government Pleader, S.R.No.94457 ev(CO) md(03/01/2017) W.P.No.22537 of 2014