Madras High CourtWP(MD)/3260/2020disposed of

M.Dhakshanamoorthi v. The District Collector

2020-02-19Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.3260 of 2020 M.Dhakshanamoorthi ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai North Taluk, Madurai.

3.The Divisional Engineer(Project), Highways Department, Madurai Division, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the respondents to to consider the Petitioner's representation/Objection, dated 3.9.2018 regarding laying of connecting/link road with Vaigai River High Level Bridge at Paravai, within the time stipulated by this Court.

For Petitioner : Mr.M.Mahaboob Athiff for M/s.Ajmal Associates For Respondents : Mrs.J.Padmavathi Devi, Special Govt.Pleader

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider the Petitioner's representation/Objection, dated 3.9.2018 regarding the laying of connecting/link road with Vaigai River High Level Bridge at Paravai, within the time stipulated by this Court. 2.Mrs.J.Padmavathi Devi, learned Special Government Pleader takes notice for the respondents.

3. By consent of parties, the main Writ Petition is taken up for final disposal.

https://hcservices.ecourts.gov.in/hcservices/ 4.The case of the Petitioner is that he is a resident of Paravai village, Madurai District. The Government had granted

administrative sanction for construction of a High Level Bridge across the river vaigai connecting Paravai in SHU 100 and Thuvariman in Madurai Melakkal Road. The second respondent has also issued notice for acquisition, for acquisition of land to lay the link road through a particular route, which would cause least damage to the general public. However, the third respondent had selected an alternative route causing much loss to the residential area of the Petitioner's locality. While implementing such project, no opportunity of hearing was given to the general public of the concerned locality. Hence the Petitioner had preferred a representation/objection, dated 3.9.2018 to the authorities, urging them to revise their decision. The same is said to be still pending. Hence, the petitioner has come forward with the present Writ Petition for the above stated relief.

5. Therefore, without expressing any opinion on the merits of the claim made by the petitioner, the third respondent is directed to consider the representation/Objection of the petitioner, dated 03.09.2018 and pass appropriate orders on the same, on merits and in accordance with law, after giving due opportunity of hearing to all the parties concerned, within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) vsn To 1.The District Collector, Madurai District,Madurai.

2.The Revenue Divisional Officer, Madurai North Taluk,Madurai.

3.The Divisional Engineer(Project), Highways Department, Madurai Division,Madurai.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-7231[F] +1 CC to M/s.SPL.GP ( SR-7279[F] dated 20/02/2020 ) ORDER MADE IN W.P(MD)No.3260 of 2020 19.02.2020 SMA/03/03/2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/