M.Srinivasan v. 1.National Highways Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.36334 of 2003 W.M.P.No.44092 of 2003 M.Srinivasan .. Petitioner Vs.

1. National Highways Authority, Rep. by the Assistant Engineer, National Highways, Coimbatore Road, Pollachi-642 002.

2. State Highways Department, Rep. by the Divisional Engineer, Highways and Rural Works, Coimbatore Road, Pollachi-642 002.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus forbearing the respondents and their men, agents and subordinates from in any manner obstructing the petitioner herein from directly reaching Pollachi-Coimbatore National Highways, Pollachi Taluk, Coimbatore District from every point of his lands in S.F.No.148 of Sangampalayam Village, Pollachi Taluk, Coimbatore District. For Petitioner : Mr.Duraisamy For Respondent : Mr.R.Venkatesh, Government Advocate

ORDER

The petitioner has come forward with above Writ Petition praying for issuance of a Writ of Mandamus to forbear the respondents and their men, agents and subordinates from in any manner obstructing the petitioner herein from directly reaching Pollachi-Coimbatore National Highways, Pollachi Taluk, Coimbatore District from every point of his lands in S.F.No.148 of Sangampalayam Village, Pollachi Taluk, Coimbatore District.

2. The case of the petitioner is the the property in S.F.No. 148 of Sangampalayam Village, Pollachi Taluk, Coimbatore District belongs to him and that the respondents contemplated construction of building, thereby obstructing his ingress and egress to the Pollachi-Coimbatore, National High ways directly from his property. When enquired, it has been stated by the

respondents that there is a lane in the Northern side of the property, through which the petitioner can have access to his property.

3. According to the petitioner, buildings have been completed in front of S.F.No.147 of Sangampalayam Village, Pollachi Taluk, Coimbatore District and the entire stretch has been blocked depriving the owner of the property in S.F.No.147 to have access to the road from the property and if any act is done in front of the property, he will be deprived of direct access from his property to the Highways.

4. The respondents would submit that as on date, there is no proposal to expand the construction of existing building and that the petitioner cannot file a case on imaginary basis and in any event, if any construction is done on the National Highways for the benefit of the public, the same cannot be interfered with by the petitioner.

5. In reply, the petitioner submitted that there is no proposal to extend the construction of the existing building and the same may be recorded, otherwise great prejudice would be caused to the petitioner.

6. Taking note of the submission by both the parties and that as on date, there was no proposal to extend the construction of the existing building, as could be seen from the paragraph 6 of the counter, if any proposal for construction is ensuing on later date, it is for the petitioner to agitate the same in the manner known to law. Accordingly, this Writ Petition is disposed of. No costs, consequently connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar mm/kas To

1. The Assistant Engineer, National Highways Authority, National Highways, Coimbatore Road, Pollachi-642 002.

2. The Divisional Engineer, State Highways Department, Highways and Rural Works, Coimbatore Road, Pollachi-642 002.

+ 1 cc to M/s.Muthumani Duraisami, Advocate,SR.77591 + 1 cc to The Govt.Pleader, SR.77938 W.P.No.36334 of 2003 W.M.P.No.44092 of 2003 RR(CO) NR 21/11/2017