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Madras High CourtWP/8208/2013closed

S.Dhanapalan, v. The District Collector,

2024-08-30Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.08.2024

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI S.Dhanapalan ... Petitioner Vs.

1. The District Collector, Cuddalore District, Cuddalore.

2. The Superintendent Engineer Department of Highways, State Highways campus, No.46, Beach Road, Cuddalore - 607 001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus to direct the respondents herein to take suitable action based on the petitioner's representation dated 21.03.2013 within a reasonable time for the purpose of widening the road laid between Virudhachalam-Ramanahtham Highways to Gnanaguru Matriculation School, Tittakudi Town, Cuddalore District. For Petitioner : Mr.Avinash Wadhwani For Respondents : Mr.Yogesh Kannadasan Spl.GP 1/6

ORDER

This writ petition has been filed to direct the respondents herein to take suitable action based on the petitioner's representation dated 21.03.2013 within a reasonable time for the purpose of widening the road laid between Virudhachalam-Ramanahtham Highways to Gnanaguru Matriculation School, Tittakudi Town, Cuddalore District.

2. It is the case of the petitioner that the petitioner is a permanent resident of Tittakudi Village. The Highways department planned to construct a cement road between Virudhachalam-Ramanahtham Highways to Gnanaguru Matriculation School, Tittakudi for the benefit of the villagers. In order to evict the shopkeepers who encroached the said road, the petitioner made a representation dated 21.03.2013 before the respondents. However, the second respondent without considering the public interest started to constructing the road without removing the said encroachment. Hence the present petition.

3. Though very many grounds have been raised in the present writ 2/6

petition, learned counsel for the petitioner submits that, it would suffice, if this Court issues a direction to the respondents to consider the petitioner's representation dated 21.03.2013 and pass appropriate orders, within a time frame that may be fixed by this Court.

4. The learned Special Government Pleader appearing for the respondents submitted that the Revenue Department surveyed and demarcated the road situated in Tittakudi Village and also laid the concrete road between Virudhachalam-Ramanahtham Highways to Gnanaguru Matriculation School, Tittakudi after removing the said encroachments. Hence, he prayed for passing appropriate orders.

5. Heard the learned counsel appearing on either side and perused the materials placed on record.

6. In the light of the submission made by the learned Special Government Pleader appearing for the respondents that the concrete road has been laid between Virudhachalam-Ramanahtham Highways to Gnanaguru Matriculation School, Tittakudi subsequent to the removal of the 3/6

encroachments made in the said road. Hence, no further orders is necessary in this writ petition.

7. This Writ Petition is accordingly closed. No costs. 30.08.2024 RAP Speaking Order/ Non Speaking Order : Yes / No Index: Yes/ No NCC: Yes/No 4/6

To

1. The District Collector, Cuddalore District, Cuddalore.

2. The Superintendent Engineer Department of Highways, State Highways campus, No.46, Beach Road, Cuddalore - 607 001.

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M.DHANDAPANI, J.

RAP 30.08.2024 6/6