M/S.Suguna Charitable Trust, v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 28.11.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 10543 of 2024 & W.M.P.No.11563 of 2024 M/s.Suguna Charitable Trust, Represented by its Trustee, Mrs. Rajamani, No. 4, Sathyamurthy Road, Ram Nagar, Coimbatore -641 018
...Petitioner
Vs.
1.The State of Tamil Nadu Rep. By its Principal Secretary Revenue and Administration Department, Secretariat, Fort St. George, Chennai-09.
2.The Commissioenr of Land Reforms Ezhilagam, Chepauk, Chennai-600 005.
3.The Joint Commissioner Land Reforms, Jawans Building, Erode- 638 001.
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4.The Superintending Engineer State Highways Department, Near North Kovai fly over Mettupalayam Road, Coimbatore- 641 043.
5.The District Collector Office of the District Collector, Collectorate, State Bank Road, Coimbatore-641 018.
6.The Commissioner Corporation of Coimbatore, Corporation Office, Raja Street, Town Hall, Coimbatore-641 001.
7.The Divisional Engineer, (Highways Department), C and M, No. 1653/1 Highways Campus, Trichy Road, Coimbatore -641 018.
8.District Revenue Officer, Coimbatore (South), Revenue Divisional Office, State Bank Road, Coimbatore -641 018.
9.The Thasildar (Coimbatore South) Balasundaram Road, ATT Colony, Gopalapuram, Coimbatore-641 018.
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10.The Land Acquisition Officer Cum Special District Revenue Officer, Coimbatore (South) Revenue Divisional Office, State Bank Road, Coimbatore- 641 018.
...Respondents
Prayer: Writ Petition is filed under Article 226 to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order of the 10th respondent dated 28.02.2024, made in Na.Ka.No. 691/2022.Ne.A.2, and to quash the same and to consequentially direct the respondents to shift the bus stop to any other location other than in T.S.No. 7 part and 8, of Sowripalayam Village, Coimbatore North Taluk.
For Petitioner :
Mr. GK. Muthukumaar For Respondents :
Mr. A.Selvendran 1 to 5 & 7 to 10 Special Government Pleader For Respondent 6:
No Appearance.
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O R D E R
The Writ Petition is filed for the following relief: "To call for the records pertaining to the order of the 10th respondent dated 28.02.2024, made in Na.Ka.No. 691/2022.Ne.A.2 and to quash the same and to consequentially direct the respondents to shift the bus stop to any other location other than in T.S.No. 7 part and 8, of Sowripalayam Village, Coimbatore North Taluk".
2. A counter has been filed by the 4th respondent, wherein it has been stated as follows:
"I Humbly submit to state that, previously a bus stop was located very near to ESSO bunk junction of 4/11
Avinashi road, Coimbatore. As this bus stop is very nearer to Road junction it has created traffic jam and minor accidents. To avoid this issues in this junction, as per the recommendation of committee formed by the District collector, Coimbatore with the members of Police, Transport, Corporation and road safety officials and Highways Officials, considering the above facts in road safety point of view and to avoid the accidents in this junction, the existing bus stop has been proposed to be constructed away from junction and in front of the Suguna marriage hall. Hence, shifting of bus stop from existing location to proposed location of in front of Suguna marriage hall is warranted.
3. Likewise, the 10th respondent has also filed a counter wherein it has been stated as follows:
"7. I hereby submit that on the date of enquiry 5/11
(19.01.2024) the representative of the writ petitioner appeared for enquiry and filed a written representation stating that an extent of 1.14Acres of land in T.S.No -7 and 8 of Sowripalayam Village is owned by the Writ Petitioner Trust and there exists a Kalayana Mandapam to an extent of 21390 Sq.mtrs in which 1000 members could be accommodated and there is no objection for land acquisition from their end. Further, it is stated that there already existed a bus stop at "ESSO Bunk" near their above mentioned land and now that bus stop has been proposed to be shifted in front of their Kalayana Mandapam. This would cause hindrance to ingress and egress of the individuals who come to attend functions to be held in their Kalayana Mandapam and would also cause traffic congestions at the bus stop which would affect the movement of the general public. Further, there also exists a Vinayagar Temple in the Kalyana 6/11
Mandapam premises. The general public residing in and around the area also comes to the temple to worship there. If the bus stop is shifted in front of the Mandapam this temple needs to be shifted and hence requested to consider their representation and pass necessary Orders.
4. Considering the fact that the petitioner would not be prejudiced if the ingress and egress to the Kalyana Mandapam is not in any way disturbed and also taking note of the plan which has been submitted today which shall form part of the order, the Writ Petition is disposed of. The Bus stop shall be shifted near the petitioner's marriage hall between the two gates. Consequently, the connected miscellaneous petition is closed. No costs.
28.11.2024 Index : Yes/No Internet : Yes/No kan 7/11
To 1.The State of Tamil Nadu Rep. By its Principal Secretary Revenue and Administration Department, Secretariat, Fort St. George, Chennai-09.
2.The Commissioenr of Land Reforms Ezhilagam, Chepauk, Chennai-600 005.
3.The Joint Commissioner Land Reforms, Jawans Building, Erode- 638 001.
4.The Superintending Engineer State Highways Department, Near North Kovai fly over Mettupalayam Road, Coimbatore- 641 043.
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5.The District Collector Office of the District Collector, Collectorate, State Bank Road, Coimbatore-641 018.
6.The Commissioner Corporation of Coimbatore, Corporation Office, Raja Street, Town Hall, Coimbatore-641 001.
7.The Divisional Engineer, (Highways Department), C and M, No. 1653/1 Highways Campus, Trichy Road, Coimbatore -641 018.
8.District Revenue Officer, Coimbatore (South), Revenue Divisional Office, State Bank Road, Coimbatore -641 018.
9.The Thasildar (Coimbatore South) Balasundaram Road, ATT Colony, Gopalapuram, Coimbatore-641 018.
10.The Land Acquisition Officer Cum Special District Revenue Officer, Coimbatore (South) Revenue Divisional Office, 9/11
State Bank Road, Coimbatore- 641 018.
P.T. ASHA, J, kan W.P.No. 10543 of 2024 10/11
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