P.Kanagalakshmi v. The Union Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN P.Kanagalakshmi ... Petitioner Vs 1.The Union of India, Represented by the Secretary, Ministry of Road Transport and Highways, Regional Office, Chennai.
2.The Regional Director, National Highways Authority of India, 2nd and 3rd Floor, Vijay Krishna Plaza, No. 1, Lake Area, Melur Main Road, Mattuthavani, Madurai - 625 107.
3.The Superintending Engineer, National Highways Wing of State Highways Department, No.53, Teacher Colony, 4th Street, Tuckarammalpuram, Tirunelveli - 7.
4.The Project Director, National Highways Authority of India, Parvathypuram, Near Ayyappan Kovil, Nagercoil, Kanyakumari District.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the respondents to provide access permission for construction of culvert and 1/5
approaches for the new retail outlet of M/s.Bharat Petroleum Corporation Limited in T.S.No.44/12 in Cinthamani Village, Kadayanallur Taluk, Tenkasi District within the time stipulated by this Court.
For Petitioner : Mr.S.Bharathi For R - 1 : Mr.P.Sundaravadivel For RR 2 & 4 : Mr.P.Karthick Standing Counsel For R - 3 : Mr.D.Gandhi Raj Special Government Pleader
ORDER
This Writ Petition has been filed by the petitioner for a direction directing the respondents to provide access permission for construction of culvert and approaches for the new retail outlet of M/s.Bharat Petroleum Corporation Limited in T.S.No.44/12 in Cinthamani Village, Kadayanallur Taluk, Tenkasi District within the time stipulated by this Court.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.When the matter is taken up for hearing today, it is represented that now the land has been handed over to the fourth respondent by the respondents 2 and 3.
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4.In view of the above, the petitioner is directed to submit a fresh representation before the fourth respondent. On receipt of the same, the fourth respondent is directed to consider the same and pass orders, within a period of six weeks from the date of the application. It is also made clear that the petitioner paid necessary requisite fees for a sum of Rs.30,000/- before the second respondent and the same may be adjusted by the fourth respondent while considering the request made by the petitioner. 5.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
27.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5
To 1.The Union of India, Represented by the Secretary, Ministry of Road Transport and Highways, Regional Office, Chennai.
2.The Regional Director, National Highways Authority of India, 2nd and 3rd Floor, Vijay Krishna Plaza, No. 1, Lake Area, Melur Main Road, Mattuthavani, Madurai - 625 107.
3.The Superintending Engineer, National Highways Wing of State Highways Department, No.53, Teacher Colony, 4th Street, Tuckarammalpuram, Tirunelveli - 7.
4.The Project Director, National Highways Authority of India, Parvathypuram, Near Ayyappan Kovil, Nagercoil, Kanyakumari District.
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G.K.ILANTHIRAIYAN, J.
ps Order made in 27.01.2025 5/5