Madras High CourtWP(MD)/17474/2017disposed of

T.Vethamary, v. The Regional Officer,

2017-09-20Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.17474 of 2017 T.Vethamary : Petitioner -vs1.The Regional Officer, National Highways Authority of India, "SRI TOWER"3rd Floor, No.DP-34, SP Industrial Estate, Guindy, Chennai-600 032.

2.The Superintending Engineer, (NH) Circle, Highways Department, No.5, Besant Road, Near P.T.R. Mahal, Chinna Chokkikulam, Madurai-625 002. : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondent to restore the road and others materials damaged by National Highways Department to its original position as sought for in the representation given by the petitioner, dated 11.08.2017.

For Petitioner : Mr.S.Natarajan For 1st Respondent : Mr.R.Rajagopal For 2nd Respondent : Mr.C.Selvaraj Special Government Pleader

O R D E R

The prayer sought for in this writ petition is direct the respondents to restore the road and others materials damaged by National Highways Department to its original position, as sought for in the representation given by the petitioner, dated 11.08.2017.

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2.Heard Mr.S.Natarajan, learned counsel for the petitioner, Mr.R.Rajagopal, learned counsel for the 1st respondent, Mr.C.Selvaraj, learned Special Government Pleader for the 2nd respondent and perused the materials available on record. 3.Learned counsel for the petitioner would submit that it would suffice, if a direction is issued to the 2nd respondent to consider the representation of the petitioner, dated 11.08.2017. 4.Learned Special Government Pleader would submit that the 2nd respondent is ready to consider the representation of the petitioner, in accordance with law.

5.In view of the submissions made on either side, without going into the merits of the case, this writ petition is disposed of with a direction to the 2nd respondent to consider the representation of the petitioner, dated 11.08.2017 and pass orders purely on merits and in accordance with law, after providing opportunity of hearing to the petitioner as well as to the necessary parties, if any, within a period of four weeks from the date of receipt of the order copy. No costs.

Sd/- Assistant Registrar(Records) /True Copy/ Sub-Assistant Registrar To, 1.The Regional Officer, National Highways Authority of India, "SRI TOWER"3rd Floor, No.DP-34, SP Industrial Estate, Guindy, Chennai-600 032.

2.The Superintending Engineer, (NH) Circle, Highways Department, No.5, Besant Road, Near P.T.R. Mahal, Chinna Chokkikulam, Madurai-625 002.

+One cc to Mr.S.Natarajan, Advocate, SR.No.80292 +One cc to The Special Government Pleader, SR.No.80886 er RL/5C/2P/JC/SAR4/6/10/2017 W.P.(MD)No.17474 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 20.09.2017