Paramakudi Nagar Mudhukulathur v. The Superintending Engineer,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P.(MD)No.1 of 2013 Paramakudi Nagar Mudhukulathur Road Kudioyirupor Nala Sangam, Regd.Society, Rep.by its President, 3/451-1B3, Mudhukulathur Road, Paramakudi Town, Paramakudi Taluk, Ramanathapuram District.
... Petitioner Vs.
1.The Superintending Engineer, Department of Tamil Nadu State High Ways, State Highways Planning Division, Madurai - 625 002.
2.The Chief Engineer (Planning), Tamil Nadu State Highways, Chennai - 600 001.
3.The Divisional Engineer (NH), Planning Division, Tamil Nadu State Highways, Madurai - 625 002.
4.The Assistant Divisional Engineer, Tamil Nadu State Highways, 1/6
5.The Assistant Engineer, Tamil Nadu Electricity Board, Paramakudi Nagar South, 6.The Commissioner, Paramakudi Municipality, 7.The District Collector of Ramanathapuram District Collectorate Complex, Ramanathapuram.
8.The District Revenue Officer, Ramanathapuram District, Collectorate Complex, Ramanathapuram.
9.The Revenue Divisional Officer, Office of R.D.O., Paramakudi.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents 1 to 4 from constructing the over bridge across the Railway line in Paramakudi - Muthukulathur Road, Paramakudi Town by encroaching the lands of the members as per the list annexed of the petitioner Sangam located on the west of the above road as shown in the rough map by demolishing or removing their buildings. For Petitioner : No Appearance.
For Respondents : Mr.S.Muthuvijayan, Special Government Pleader, for R1 to R4 & R7 to R9.
: Mr.S.Deenadhayalan, Senior Counsel, for R5.
: No Appearance, for R6.
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ORDER
The Writ Petition has been filed seeking a Writ of Mandamus forbearing the respondents 1 to 4 from constructing an over bridge across the Railway line in Paramakudi - Muthukulathur Road, Paramakudi Town by encroaching the lands of the members as per the list annexed in the petition.
2. The learned counsel appearing for the fifth respondent, on written instructions, would submit that none of the buildings belonging to the members of the petitioner were demolished. The over bridge has already been constructed and it has been brought to use.
3. In view of the above said facts, no further order is required. The Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is also closed.
05.08.2022 Index :
Yes / No Internet :
Yes / No das 3/6
Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To 1.The Superintending Engineer, Department of Tamil Nadu State High Ways, State Highways Planning Division, Madurai - 625 002.
2.The Chief Engineer (Planning), Tamil Nadu State Highways, Chennai - 600 001.
3.The Divisional Engineer (NH), Planning Division, Tamil Nadu State Highways, Madurai - 625 002.
4.The Assistant Divisional Engineer, Tamil Nadu State Highways, 5.The Assistant Engineer, Tamil Nadu Electricity Board, Paramakudi Nagar South, 6.The Commissioner, Paramakudi Municipality, 4/6
7.The District Collector of Ramanathapuram District Collectorate Complex, Ramanathapuram.
8.The District Revenue Officer, Ramanathapuram District, Collectorate Complex, Ramanathapuram.
9.The Revenue Divisional Officer, Office of R.D.O., Paramakudi.
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R.
VIJAYAKUMAR ,J.
das Order made in and M.P.(MD)No.1 of 2013 05.08.2022 6/6