A.Ravi, (50 Yrs) v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.13294 of 2016 and W.M.P.(MD)No.9983 of 2016 A.Ravi ... Petitioner Vs.

1. The District Collector, Dindugal District, Dindugal.

2. The Project Director, The National Highways Authority of India (NHAI), Plot No.3, Surya Towers, 2nd Floor, I Street, K.K.Nagar, Madurai.

3. The Toll-Manager NH-7, D.S.Toll Road, Ltd., Toll Plaza, Kodai Road Post, Nilakottai Taluk, Dindugal District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 2 and 3 from constructing weight identification machine in front of "Aadhavan Bakery" bearing Door No.56/G of Ammaiyanayaknoor Town Panchayat, situated in Sy.No.76/6A1 of Oruthattu Village, by abetting the passage.

For Petitioner : Mr.K.P.Narayana Kumar For R1 : Mr.S.Sathish Kumar Additional Government Pleader For R2 : Mr.N.Shanmuga Selvam For R3 : No appearance

O R D E R

This writ petition is filed for issuance of a Writ of Mandamus, forbearing the respondents 2 and 3 from constructing weighing machine in front of the petitioner's property in Survey No.76/6A1 of Oruthattu Village.

2.It is not in dispute that the petitioner is the owner of Survey No.76/6A1 abutting the National Highways (NH-7), https://hcservices.ecourts.gov.in/hcservices/

Dindigul to Samayanallur.

3.The learned counsel for the petitioner stated that the respondents 2 and 3 are constructing the weighing machine in between the petitioners land and the National Highways. Though no part of such construction is to encroach into the property of the petitioner, the petitioner has apprehension that his right to have access to the National Highways will be very much affected. 4.The learned counsel appearing for the petitioner submitted that he has no objection for putting up the weighing machine at any place without affecting the petitioners' access to the National Highways from his land.

5.The learned counsel appearing for the 2nd and 3rd -respondents submitted that the proposal for putting up the weighing machine is only in the place between the National Highways and the land in Survey Nos.76/7A1 and 76/8A1. It is further submitted that there will be no attempt to occupy any portion between the petitioner's land in Survey No.76/6A1 and the National Highways affecting the petitioner's right to have access to the Highways from every portion of his land. 6.Recording the above said submissions, this Writ Petition is closed.

No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To

1. The District Collector, Dindugal District, Dindugal.

2. The Project Director, The National Highways Authority of India (NHAI), Plot No.3, Surya Towers, 2nd Floor, I Street, K.K.Nagar, Madurai.

+ 1 CC TO MR.K.P.Narayana Kumar, ADVOCATE IN SR No.79467 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 79746 rmi/ls MK/KK/SAR-1/09.10.2017/2P/5C W.P.(MD)No.13294 of 2016 and W.M.P.(MD)No.9983 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 18.09.2017