N.Sathyaraj v. The Divisional Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2020
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM and W.M.P(MD).Nos.8109 & 8110 of 2020 N.Sathyaraj ... Petitioner Vs.
1. The Divisional Engineer, [Construction and Maintenance] National Highways, behind the District Court Buildings, Dindigul-Vellodu-Madurai Road, Race Course Colony, Dindigul - 624 001.
2. The Assistant Engineer, behind the District Court Buildings, Dindigul-Vellodu-Madurai Road, Race Course Colony, Dindigul - 624 001.
3. The Assistant Divisional Engineer, behind the District Court Buildings, Dindigul-Vellodu-Madurai Road, Race Course Colony, Dindigul - 624 001.
4. The Thasildar, Dindigul East Taluk, Dindigul.
5. The Assistant Engineer, TNEB, Ponnagaram Sub Station, Ponnagaram, Natham Road, Dindigul.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, by forbearing the respondents 1 to 3 from demolishing, removing the Arulmigu Sri Karuppanasamy Temple, Shivan Temple and Vinayagar Temple constructed in S.No.629, Thottanuthu village, Thottanuthu Panchayat, Rediyapatti, Dindigul East Taluk, Dindigul on the basis of the 1/3
impugned notice of demolition issued by the 3rd respondent under his proceedings bearing number 09/2020/2 dated 07.07.2020 issued u/s 5 and subsection 28(2)(II) of the Tamil Nadu Highway Act 2001. For Petitioner : Mr.M.Ponniah For Respondents : Mr.R.Murugan, Addl. Government Pleader * * * * *
O R D E R
[Order of the Court was made by M.SATHYANARAYANAN, J.] As directed by this Court, in terms of the final order passed in this Writ petition, the second respondent has filed a compliance affidavit/report dated 09.09.2020, in support of the same, typed set of documents dated 11.09.2020, has also been filed.
2. The learned Additional Government Pleader appearing for the official respondents would submit that the encroachment in the form of steel structure has been completely removed and on instructions, it is also assured that there will not be any re-encroachment or fresh encroachment on the land in question and the said submission has taken on record. In the light of the same, no fresh orders are necessary.
3. The articles removed shall be handed over to the petitioner, after making necessary inventories and also under due and proper acknowledgement, in the form of video graph and photographs also. Sd/- Assistant Registrar (C.O) // True Copy // / /2020 Sub Assistant Registrar(CS) pkn 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 2/3
To
1. The Divisional Engineer, [Construction and Maintenance] National Highways, behind the District Court Buildings, Dindigul-Vellodu-Madurai Road, Race Course Colony, Dindigul - 624 001.
2. The Assistant Engineer, behind the District Court Buildings, Dindigul-Vellodu-Madurai Road, Race Course Colony, Dindigul - 624 001.
3. The Assistant Divisional Engineer, behind the District Court Buildings, Dindigul-Vellodu-Madurai Road, Race Course Colony, Dindigul - 624 001.
4. The Thasildar, Dindigul East Taluk, Dindigul.
5. The Assistant Engineer, TNEB, Ponnagaram Sub Station, Ponnagaram, Natham Road, Dindigul.
+1cc to the SPL GP SR.No.16945.
14.09.2020 SJ(CO) CS(23.09.2020) 3P 7C 3/3