Balasubramanian v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.15412 of 2018 and W.M.P.(MD)No.13870 of 2018 Balasubramanian ... Petitioner vs.

1. The District Collector, Thanjavur District.

2. The Block Development Officer, Madurai Panchayat Union, Pattukottai Taluk, Thanjavur District.

3. The Tahsildar, Pattukottai Taluk, Thanjavur District.

4. The Assistant Executive Engineer, State Highways Department, Pattukottai, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus forbearing the second and fourth respondents from in any manner constructing the Bus Shelter in S.No.89/8D situated at Alathoor Village, Pattukottai Taluk, Thanjavur District obstructing the access to the petitioner property comprised in S.No.89/2 A 2, Alathoor Village, Pattukottai Taluk, Thanjavur District.

For Petitioner :

Mr.W.Pamelin For Respondents :

Mr.M.Jeyakumar Additional Government Pleader for R.1 : Mr.A.Thiagarajan Government Advocate for R.2 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The petitioner has approached this Court seeking to restrain the second and fourth respondents from constructing a Bus Shelter in S.No.89/8D situated at Alathoor Village, Pattukottai Taluk, Thanjavur District obstructing the access to the petitioner property comprised in S.No.89/2 A 2, Alathoor Village, Pattukottai Taluk, Thanjavur District.

2. When the matter is taken up for hearing, the learned Counsel appearing for the second respondent would produce a letter dated 9.8.2018 of the second respondent addressed to the Advocate stating that on advise from the local member of Legislative Assembly, the proposed construction of the bus shelter is to be shifted to a different place and not at the original place, which is the subject matter of challenge in this writ petition.

3. Recording the statement of the second respondent, the writ petition is closed. No costs. Consequently, the connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-I) To:

1. The District Collector, Thanjavur District.

2. The Block Development Officer, Madurai Panchayat Union, Pattukottai Taluk, Thanjavur District.

3. The Tahsildar, Pattukottai Taluk, Thanjavur District.

4. The Assistant Executive Engineer, State Highways Department, Pattukottai, Thanjavur District.

+ 1 cc TO M/S.W.Pamelin , Advocate in SR No. 77951 + 1 cc TO The Special Government Pleader in SR No. 78128 ssl AE/MK/SKN/SAR1/03.09.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/ W.P.(MD) No.15412 of 2018 10.08.2018