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Madras High CourtWP/5862/2016dismissed as infructuous

Mr.K.Shanmugasundaram v. Government Of Tamil Nadu,

2021-09-20Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.5862 & 1508 of 2016 and W.M.P.Nos.1286 & 5207 of 2016 1.K.Shanmugasundaram 2.S.Marappa Mudaliar 3.S.Palanisamy 4.R.P.Rajamanickam 5.K.Mahalingam 6.K.R.Padmanabam 7.S.Vellingiri

...Petitioners in W.P.No.5862/2016

K.A.Ramasamy

...Petitioner in W.P.No.1508/2016

Vs

1. Government of Tamil Nadu, Represented by its secretary, State Highways Department, Secretariat, Chennai- 600 009.

2. The District Collector, Coimbatore 641 018.

3. The Tahsildar, Office of Tahsildar, Taluk Office, Mettupalayam, Coimbatore District.

4. The Chief Bridge Engineer, Southern Railway, Chennai- 600 033.

5. The Chief Engineer, National Highways, Chepauk, Chennai- 600 005.

6. The Chief Engineer, State Highways, Chennai - 600 015.

7. The Superintending Engineer, Highways Department, Projects Circle,

8. The Divisional Engineer, Highways Near North Kovai Ober Bridge, Mettupalayam Road, Coimbatore 641 043. ... Respondents in both WPs. PRAYER in W.P.No.5862/2016 : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to forbear from carrying on any construction activity of the Road Over Bridge at Kilometer 373/6 at Karamadai on the Karamadai Main Road, North of the Railway Level Crossing No.10 by adopting the alignment No.1 and without following the procedure envisaged under the Tamil Nadu State High Ways Act and without affording the opportunities to the petitioners herein and to the general public likely to be affected by the project.

PRAYER in W.P.No.1508/2016 : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to forbear from carrying on any laying or construction of service roads on either side of the proposed Road Over Bridge (ROB) and construction of Limited Use Subway along the proposed ROB at Kilometer, 373/6 at Karamadai on the Periyanackenpalayam - Mettupalayam Road, South of the Railway Level Crossing No.10 without following the procedure envisaged under the Tamil Nadu State Highways Act and without affording the opportunities to the petitioner herein.

For Petitioner : Mrs.Mithra Rajendran for M/s.P.K.Rajagopal For Respondents : Mr.C.Kathiravan Government Advocate ..in both WPs.

COMMON ORDER The learned counsel for the petitioners made a submission that the cause aroused for filing of these present writ petitions became vanished.

2. Thus, no further adjudication is required and accordingly, the writ petitions are disposed of as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar nti/pns To

1. The Secretary, Government of Tamil Nadu, State Highways Department, Secretariat, Chennai- 600 009.

2. The District Collector, Coimbatore 641 018.

3. The Tahsildar, Office of Tahsildar, Taluk Office, Mettupalayam, Coimbatore District.

4. The Chief Bridge Engineer, Southern Railway, Chennai- 600 033.

5. The chief Engineer, National Highways, Chepauk, Chennai- 600 005.

6. The Chief Engineer, State Highways, Chennai - 600 015.

7. The Superintending Engineer, Highways Department, Projects Circle,

8. The Divisional Engineer, Highways Near North Kovai Ober Bridge, Mettupalayam Road, +2CCs to Mr.P.T.Ramkumar, Advocate, Sr.Nos.47952, 47953 +1CC to Mr.Government Pleader, Sr.No.48571 W.P.Nos.5862 & 1508 of 2016 and W.M.P.Nos.1286 & 5207 of 2016 RSI (CO) K.RK. (27.10.2021)