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Madras High CourtWP/33644/2023disposed of

R.S.Meenakshi Sundaram v. The Collector

2023-12-18Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and W.M.P.Nos.33486 & 33487 of 2023

1. R.S.Meenakshi Sundaram

2. R.S.Gopalakrishnan ... Petitioners Vs.

1. The Collector, Krishnagiri District, Krishnagiri.

2. The Special DRO, Authorised Officer, National Highways No.7,46,47,66 and 844, Salem-Krishnagiri Districts.

3. The Project Director, NHAI, No.259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri District - 635 001.

4. The Chief District Officer, National Highways, Krishnagiri.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to abstain from interfering with peaceful possession of the petitioner's property situated at S.No.37/2, 37/3, 39/6 and 39/7 Muthanahalli Village, Denkanikottai Taluk, Krishnagiri District, Tamil Nadu. For Petitioners : Mr.V.Raghavachari Senior Advocate for M/s.V.Srimathi For R1,R2 & R4 : Mr.Yogesh Kannadasan Special Government Pleader For R3 : Mr.Su.Srinivasan SC for NHAI

O R D E R

This Writ Petition has been filed seeking a Writ of Mandamus, to direct the respondents to abstain from interfering with the peaceful possession of the petitioner's property situated at S.Nos.37/2, 37/3, 39/6 and 39/7 Muthanahalli Village, Denkanikottai Taluk, Krishnagiri District, Tamil Nadu.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the official respondents 1, 2 4 and the learned Standing Counsel for NHAI appearing for the third respondent.

3. Learned Special Government Pleader submitted that already an order under Section 3(D) of the National Highways Act has been passed and publication was also effected. Hence, the relief sought by the petitioner has become infructuous.

4. Recording the above submission, the Writ Petition is disposed of with liberty to challenge the same, if they are so advised. There shall be no order as to costs. W.M.P.No.33486 of the 2023 is ordered on payment of separate court fees by each of the petitioners. Consequently, connected miscellaneous petition W.M.P.No.33487 of 2023 is closed. 18.12.2023 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Collector, Krishnagiri District, Krishnagiri.

2. The Special DRO, Authorised Officer, National Highways No.7,46,47,66 and 844, Salem-Krishnagiri Districts.

3. The Project Director, NHAI, No.259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri District - 635 001.

4. The Chief District Officer, National Highways, Krishnagiri.

P.VELMURUGAN, J.

mfa and W.M.P.Nos.33486 & 33487 of 2023 18.12.2023