Madras High CourtWP/22588/2017disposed of

Thiyagarajan, v. The Superintendent Engineer

2017-08-23Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2017

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.22588 of 2017 and W.M.P.No.23707 of 2017 Thiyagarajan ... Petitioner Vs.

1. The Superintendent Engineer (Highways),

2. The Divisional Engineer (Highways), ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus forbearing the respondents 1 & 2 in any manner erecting and putting up the proposed bus shelter in front of his house situated at No.2 and doing business in S.No.232/7, Old S.No.232/1, Genjee Road, Valathi Village, Melmalaiyanur Taluk, Villupuram District.

For Petitioner : Mr.S.Venkatesh For Respondents : Mr.E.Balamurugan, Additional Government Pleader

O R D E R

Mr.E.Balamurugan, learned Additional Government Pleader takes notice for the respondents. By consent, the main writ petition is taken up for disposal at the admission stage itself. 2.The petitioner has filed the above Writ Petition to issue a writ of mandamus forbearing the respondents 1 & 2 in any manner erecting and putting up the proposed bus shelter in front of his house situated at No.2 and doing business in S.No.232/7, Old S.No.232/1, Genjee Road, Valathi Village, Melmalaiyanur Taluk, Villupuram District.

3.The learned counsel appearing for the petitioner submitted that the respondents are putting up bus shelter post in front of the petitioner's premises affecting his ingress and egress. 4.However, Mr.E.Balamurugan, learned Additional Government Pleader appearing for the respondents submitted that the proposed bus shelter will not affect the free ingress and egress of the petitioner in any manner whatsoever.

5.The learned counsel for the petitioner submitted that it would be suffice to direct the 2nd respondent to consider the petitioner's representation dated 12.08.2017 and pass orders in accordance with law.

6.In these circumstances, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the petitioner's representation dated 12.08.2017 and pass orders in accordance with law, within a period of one week from the date of receipt of a copy of this order.

7.With these observations, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar va To

1. The Superintendent Engineer (Highways),

2. The Divisional Engineer (Highways), +1cc to Mr.S.Venkatesh, Advocate Sr. 60728 W.P.No.22588 of 2017 and W.M.P.No.23707 of 2017 AR(IV) VR(01/09/2017)