A.M. Sundaravel v. The Prl.Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Nineteenth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice S.S.SUNDAR and The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY IN WP(MD) No.8808 of 2020 A.M. SUNDARAVEL ... PETITIONER/PETITIONER Vs 1 THE PRINCIPAL SECRETARY HIGHWAYS DEPARTMENT, SECRETARIAT BUILDING , CHENNAI - 600009 2 THE CHIEF ENGINEER HIGHWAYS DEPARTMENT , (CONSTRUCTING AND MAINTENANCE) CHENNAI - 600025 3 THE SUPERINTENDENT ENGINEER HIGHWAYS DEPARTMENT , (CONSTRUCTION AND MAINTENANCE) TIRUNELVELI - 600002 4 THE DIVISIONAL ENGINEER HIGHWAYS DEPARTMENT, (CONSTRUCTION AND MAINTENANCE), TIRUNELVELI - 627002.

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5 THE DISTRICT COLLECTOR, TIRUNELVELI DISTRICT, TIRUNELVELI ...RESPONDENTS/RESPONDENTS 6 THE TAHSILDAR, NANGUNERI TALUK, TIRUNELVELI DISTRICT.

7 THE TAHSILDAR, AMBASAMUTHIRAM TALUK, TENKASI DISTRICT.

...6th & 7th RESPONDENTS (R6 AND R7 ARE SUO MOTU IMPLEADED VIDE COURT ORDER DATED 07.08.2020 IN WP(MD).8808/2020 BYMSNJ AND PRMJ) 8 THE EXECUTIVE OFFICER, KALAKADU PANCHAYAT, NANGUNERI, TIRUNELVELI DISTRICT ...8th RESPONDENT (R8 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED 02.12.2020 IN WP(MD). 8808/2020 BY NKKJ AND BPJ) Writ Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to issue Interim Direction to direct the Respondents 3 to 5 to properly remove the encroachments made in the Kanthariamman Temple, Kallidaikurichi to Kanadiyan Channel, Kallidaikurichi, Ambasamudram Arch to Ambasamudram Railway Gate (Rani School), Ramalakshmi Hospital, Cheranmahadevi to Cheranmahadevi Bus Stand, Cheranmahadevi Bus Stand to Gandhi Park, Cheranmahadevi at Tirunelveli District pending disposal of the above Writ Petition. Prayer in WP(MD). 8808/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus or any other appropriate Writ or order or direction in the nature of writ directing the Respondents to remove the encroachments made in the Highways roads at Kalakadu Thambithoppu turning to Thirukurungudi turning , Kalakadu Navanethakrishnan Temple Theppakulam and opposite to Ramalakshmi Hospital, Cheranmahadevi and Kallidaikurichi Railway Station Turining to Kannadiyan Channel Bridge and Ambasamudram Arch place to 2/5

Ambasamudram railway Gate as per the Survey Map of Y.M.D. of year 1951 and 1964 in accordance with law within a stipulated period as framed by this Honble Court and consequently directing the Respondents to erect boundary stones at every 30 meters of Highway roads at both sides for public view. ORDER : This Writ Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. SUNDARAVEL A.M (PARTY IN PERSON) and of MR.P.THILAK KUMAR, Government Pleader on behalf of the Respondents, the court made the following order:- This Miscellaneous Petition is filed by the Petitioner seeking interim direction to remove the encroachments made in the properties belonging to the Petition mentioned temples and other places.

2.This Writ Petition appears to be a ''Publicity Interest Litigation'' than a ''Public Interest Litigation''. The Petitioner has alleged several encroachments in the properties belonging to various temples, which comes under the purview of HR and CE Board. He has also alleged several encroachments. 3.The main Writ Petition is already disposed of on 21.09.2020 with certain directions. We find that the Petitioner has approached this Court without searching for any particulars or without collecting the relevant documents, so as to enable this Court to go into the details of the Subject-matter in issue. Even then, this Court issued general directions. Again this Miscellaneous Petition is filed as if the main Writ Petition is pending.

4.Therefore this Miscellaneous Petition is dismissed with a warning note that if 3/5

the Petitioner come forward with such frivolous applications in future, he will be mulcted with costs.

sd/- 19/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

VSN TO 1 THE PRINCIPAL SECRETARY HIGHWAYS DEPARTMENT, SECRETARIAT BUILDING , CHENNAI - 600009 2 THE CHIEF ENGINEER HIGHWAYS DEPARTMENT , (CONSTRUCTING AND MAINTENANCE) CHENNAI - 600025 3 THE SUPERINTENDENT ENGINEER HIGHWAYS DEPARTMENT , (CONSTRUCTION AND MAINTENANCE) TIRUNELVELI - 600002 4 THE DIVISIONAL ENGINEER HIGHWAYS DEPARTMENT, (CONSTRUCTION AND MAINTENANCE), TIRUNELVELI - 627002.

5 THE DISTRICT COLLECTOR, TIRUNELVELI DISTRICT, TIRUNELVELI 4/5

6 THE TAHSILDAR, NANGUNERI TALUK, TIRUNELVELI DISTRICT.

7 THE TAHSILDAR, AMBASAMUTHIRAM TALUK, TENKASI DISTRICT.

8 THE EXECUTIVE OFFICER, KALAKADU PANCHAYAT, NANGUNERI, TIRUNELVELI DISTRICT

ORDER

IN IN WP(MD) No.8808 of 2020 Date :19/07/2023 PKP/MR/SAR- /02.08.2023/ 5P/9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5