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Madras High CourtWP(MD)/12634/2016disposed of

S.Karthikeyan, v. The Government Of India

2016-08-03Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2016 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.12634 of 2016 and W.M.P(MD)No.9549 of 2016 S.Karthikeyan ... Petitioner vs.

1)The Government of India, Rep by its Secretary, Ministry of Road Transport and Highways, Transport Bhavan, No.1 Parliament Street, New Delhi.

2)The Divisional Engineer, National Highways, 75, Ramanpillai Street, Nagercoil, Kanyakumari District.

3)The District Collector, Kanyakumari District, Kanyakumari .

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, forbearing the respondents from in any way constructing a over bridge in the Marthandam-Nagercoil Road or any service road in respect thereof in / through the petitioner's land without acquiring the same as provided under the National Highways Act, 1956, or the Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

For Petitioner : Mr.Ashok Padmaraj For R1 : Mrs.S.Srimathi For R2 : Mr.Arul Vadivel @ Sekar For R3 : Mr.T.R.Janarthanam, Additional Government Pleader

ORDER

The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus, forbearing the respondents from in any way constructing a over bridge on Marthandam-Nagercoil Road or any service road in respect thereof in/through the petitioner's land without acquiring the same as provided under the National Highways https://hcservices.ecourts.gov.in/hcservices/

Act, 1956, or the Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 2.When the matter was taken up for hearing, learned Additional Government Pleader appearing for the respondents, by producing a Letter No.Court Case/2015-16/DO, dated 21.07.2016, addressed to him by the Divisional Engineer, National Highways, Nagercoil, has submitted that the petitioner's land with Survey No.D5/253-1B, 2B, 1A2 are not in the purview of the land plan schedule submitted to the District Revenue Officer, Kanyakumari District at Nagercoil. 3.In view of the letter dated 21.07.2016 of the Divisional Engineer, National Highways, Nagercoil, there is no need to issue any Mandamus as sought for by the petitioner, hence, placing on record the abovesaid letter dated 21.07.2016, this writ petition is closed.

No costs. The interim order already granted is vacated. W.M.P(MD)No.9549 of 2016 is closed. Sd/- Assistant Registrar(T & P) /True Copy/ Sub Assistant Registrar To 1)The Secretary to Government of India, Ministry of Road Transport and Highways, Transport Bhavan, No.1 Parliament Street, New Delhi.

2)The Divisional Engineer, National Highways, 75, Ramanpillai Street,Nagercoil, Kanyakumari District.

3)The District Collector, Kanyakumari District,Kanyakumari.

+1cc to Spl.Government Pleader Sr.No. 41862 nbi AA/DB/10.08.2016/2p-5c W.P(MD)No.12634 of 2016 03.08.2016 https://hcservices.ecourts.gov.in/hcservices/