S.Syed Abbas, v. Deputy General Manager(Tech),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.05.2024 CORAM :

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN W.P.No.14405 of 2024 S.Syed Abbas S/o.Late A.Syed Razak Hussain .. Petitioner vs 1.

Deputy General Manager (Tech) National Highways Authority of India Ministry of Road Transport and Highways Project Implementation Unit - Salem 212-3/D3-1, Sri Nagar Colony Narasothipatti, Salem-636 004.

2.

Project Director National Highways Authority of India 26, 1st Floor, VGP Nagar West Villupuram - 605 401.

3.

The Executive Officer Thiyagadurgam Town Panchayat Office Salem - Ulundurpettai Highway Thyagadurgam Kallakurichi Taluk - 606 206.

4.

Rajendran S/o.Veerasami Naidu 5.

Venkatesan S/o.Muthaih Achari (Late) 6.

Angammal W/o.Sukkira Achari (Late) ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to take necessary action to remove the encroachments in National Highway 68 opposite to petitioner's shopping complex in S.No.391/1 (Old S.No.82/1) pursuant to the direction of the 1st respondent dated 01.04.2024. For Petitioner :

Mr.V.V.Sairam For Respondents :

Mr.K.Karthik Jegannath Government Advocate For R1 to R3

O R D E R

(Order of the Court was made by J.SATHYA NARAYANA PRASAD, J.) Mr.K.Karthik Jegannath, learned Government Advocate accepts notice for respondents 1 to 3.

2. This writ petition has been filed seeking for issuance of a writ of mandamus to direct the 2nd respondent to take necessary action to remove the encroachments in National Highway 68 opposite to petitioner's shopping complex in S.No.391/1 (Old S.No.82/1) pursuant to the direction of the 1st respondent dated 01.04.2024. In this regard, the petitioner has sent a representation dated 10.05.2024 to the second respondent.

3. Heard both sides.

4. Without expressing any view on the merits of the matter, this Court directs the second respondent to consider the representation of the petitioner dated 10.05.2024, after giving notice to all the parties concerned, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

[J.S.N.P.,J] [V.L.N., J] 29.05.2024 Index:Yes/No Speaking / Non-speaking mk/ms To 1.

The Deputy General Manager (Tech) National Highways Authority of India Ministry of Road Transport and Highways Project Implementation Unit - Salem 212-3/D3-1, Sri Nagar Colony Narasothipatti, Salem-636 004.

2.

The Project Director National Highways Authority of India 26, 1st Floor, VGP Nagar West Villupuram - 605 401.

3.

The Executive Officer Thiyagadurgam Town Panchayat Office Salem - Ulundurpettai Highway Thyagadurgam, Kallakurichi Taluk - 606 206.

J.SATHYA NARAYANA PRASAD., J and V.LAKSHMINARAYANAN., J mk/ms W.P.No.14405 of 2024 29.05.2024