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Madras High CourtWP(MD)/1561/2025disposed of

Meena v. The Superintendent Of Police

2025-01-22Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10-06-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY and WMP(MD)NO.11905 of 2025 Alagumani W/o.T.Kamaraj, No.35, Masilamanipuram, Siluvathur Road, Dindigul 624 005 Petitioner(s) Vs

1. The District Collector Dindigul District.

2. The Divisional Engineer, Highways , Madurai Division, Madurai.

3. The Assistant Divisional Engineer, Highways, Dindigul Sub Division, Dindigul.

Respondent(s) Prayer in W.P.(MD)No.15671 of 2025: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to dig the pit manually without causing any damage to the petitioner's building instead using the explosives for digging the pit near the railway under bridge 1/4

situated at T.S.No.80, Block-6, Ward-7, Balakrishnapuram (post), R.R.Pudur, (Palani gate), Dindigul, by considering the petitioner's representation dated 08.06.2025 within time stipulated by this Court.

Prayer in W.M.P.(MD)No.11905 of 2025: Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, to grant an interim injunction restraining the respondents from digging pit near the railway under bridge by using explosives at T.S.No.80, Block-6, Ward-7, Balakrishnapuram (post), R.R.Pudur, (Palani gate), Dindigul, pending disposal of the writ petition. For Petitioner(s):

B.Azhagesh For Respondent(s):

Mr.M.Lingadurain

ORDER

The petitioner owns a building near the railway station. It is submitted that the respondents are using explosives and for digging a pit, which is causing damage to the petitioner's building. Therefore, the respondents are directed to submit a detailed report indicating the legal provisions under which the activity is being carried out, as well as specifying the nature of materials and methods proposed to be used for digging the pit.

2. Post the case on 19.06.2025.

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3. Till such time, the respondents shall restrain themselves from doing any further activity at the site.

sd/- 10/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

jbr TO 1 THE SUPERINTENDENT OF POLICE MADURAI DISTRICT,MADURAI. 2 THE DEPUTY SUPERINTENDENT OF POLICE, SAMAYANALLUR SUB DIVISION, SAMAYANALLUR, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, NAGAMALAIPUDUKKOTTAI STATION, NAGAMALAIPUDUKKOTTAI, MADURAI.

4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SAMAYANALLUR POLICE STATION, MADURAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN WP(MD) No.1561 of 2025 Date :10/06/2025 3/4

NBF/13.06.2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4