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Madras High CourtWP/1683/2017dismissed

Mr.P.V.Gopal, v. The Secretary To Government

2017-01-24Honourable The Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.1683 of 2017 and W.M.P.No.1651 of 2017 Mr.P.V.Gopal ... Petitioner Vs

1. The Secretary to Government Department of Highways, Fort St. George, Chennai 641 004.

2. The Commissioner Coimbatore City Municipal Corporation, Big Bazaar Street,

3. The Divisional Engineer (H), Nabard & Rural Road, Trichy Road, Coimbatore 641 018.

4. The Tahsildar Coimbatore South,

5. The Tahsildar Coimbatore North,

6. The District Collector Collectors Office, ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents, to complete the widening of L.C.5 Neelikonampalayam - Airport, Coimbatore, acquisition of land, laying of service road and construction of approach road within a time frame to be fixed by this Court.

For Petitioner :

Mr.M.V.Nandakumar for M/s.P.R.Balasubramanian For Respondents :

Mr.T.N.Rajagopalan Special Government Pleader for R1, 3 to 5 Mr.K.Natarajan for R2

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) On hearing the learned counsel for parties, we are not inclined to entertain this public interest litigation, as it amounts to seeking a mandamus to acquire lands and then complete the infrastructure project. We are of the view that such a direction cannot be issued, as the matter is purely an administrative prerogative.

2. The writ petition is dismissed. No costs. Consequently, W.M.P.No.1651 of 2017 is also dismissed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar bbr To

1. The Secretary to Government Department of Highways, Fort St. George, Chennai 641 004.

2. The Commissioner Coimbatore City Municipal Corporation, Big Bazaar Street,

3. The Divisional Engineer (H), Nabard & Rural Road, Trichy Road, Coimbatore 641 018.

4. The Tahsildar Coimbatore South,

5. The Tahsildar Coimbatore North,

6. The District Collector Collectors Office, +1cc to Mr.P.R.Balasubramanian, Advocate, S.R.No.4371 +1cc to Mr.K.Natarajan, Advocate, S.R.No.4759 +1cc to the Government Pleader, S.R.No.4570 W.P.No.1683 of 2017 AD(CO) CA(02/02/2017)