Madras High CourtWP(MD)/5311/2018disposed of

Lakshmi Ammal, v. The Superintendent

2018-03-26Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P(MD)No.5311 of 2018 Lakshmi Ammal .. Petitioner Vs.

1. The Superintendent Engineer, National Highway Authority of India, Trichy.

2. The Sub Divisional Engineer, National Highway Authority of India, Manapparai, Trichy.

3. The Assistant Engineer, National Highway Authority of India, Manapparai, Trichy.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation, dated 01.09.2017.

For Petitioner : Mr.S.Gopalamanikandan For Respondents : Mr.D.Muruganandam, Additional Government Pleader.

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.S.Gopalamanikandan, learned counsel appearing for the petitioner as well as Mr.D.Muruganandam, learned Additional Government Pleader, appearing for the respondents. 2.The petitioner has filed this writ petition praying to direct the officials of the Highways Department to prevent the persons from encroaching the road margin of Manapparai-Puthanatham Road, by way of considering her representation, dated 01.09.2017. https://hcservices.ecourts.gov.in/hcservices/

3.All the three respondents have been shown as officials of the National Highways Authority of India.

4.The learned Additional Government Pleader pointed out that it is a State Highway and not a National Highway and it has been wrongly described.

However, the learned Additional Government Pleader requested for a pass over of the matter, so that he can get oral instructions from the Highways Department and the information received by the learned Additional Government Pleader is that the land in question, where the petitioner claims that there is an encroachment, has been inspected and the authorities found that there is no encroachment and a reply to the said effect has been sent to the petitioner, on 03.01.2018. 5.In the light of the same, the writ petition stands disposed of, giving liberty to the petitioner to work out her remedies as against the reply given by the Highways Department. No costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

1. The Superintendent Engineer, National Highways Authority of India, Trichy.

2. The Sub Divisional Engineer, National Highways Authority of India, Manapparai, Trichy.

3. The Assistant Engineer, National Highways Authority of India, Manapparai, Trichy.

+ 1 cc TO The Special Government Pleader in SR No. 58452 smn AE/SKN RSK/SAR1/13.04.2018/2P/5C ORDER MADE IN W.P(MD)No.5311 of 2018 26.03.2018 https://hcservices.ecourts.gov.in/hcservices/