Alphones, S/O.Arulandhu, v. The Divisional Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P(MD).No.17286 of 2016 Alphones ... Petitioner Vs 1.The Divisional Engineer, Highways Department, Construction and Maintenance, Sivagangai, Sivagangai District.

2.The Assistant Divisional Engineer, Highways Department, Construction and Maintenance, Sivagangai, Sivagangai District.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the 2nd respondent to take necessary action based on the letter issued by the 1st respondent in Ku.No.461/2016/A1 dated 29.06.2016 by re-erecting the name board as Aandoorani in our Village.

For Petitioner :Mr.M.Ramu For Respondents :Mr.T.R.Janarthanam Additional Government Pleader *********

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] By consent, this Writ Petition is taken up for final disposal.

2.

The petitioner would state that Thanjavur - Sayalkudi Highways passes through their Village, namely, Aandoorani Village and neighbouring village, Kaya Odai, which is situated about one kilometre away from their Village. However, the Villagers of Kaya Odai claimed that the highways passes through their Village limit. In respect of the said issue, one Perumal and Raman had instituted

a suit in O.S.No.27 of 1991 on the file of the District Munsif Court, Sivagangai against this petitioner, who represented on behalf of Aandoorani Village, one perumal and the first respondent herein praying for an injunction restricting the respondents from putting up a bus shelter in the disputed area. The suit in O.S.No.27 of 1991 came to be dismissed by the Court below on 05.08.1994. In other words, it went in favour of the petitioner's village. Thereafter, the petitioner along with one Sandhyagu had instituted the suit in O.S.No.125 of 2002 on the file of the District Munsif Court, Sivagangai, against the Tamil Nadu Transport Corporation, Karaikudi, pudukottai district and four others praying for declaration that the bus stop should be known as "Aandoorani Village".

The said suit after contest came to be decreed in favour of the petitioner on 17.11.2006. No further challenge has been made to the said order sofar. Accordingly, the Regional Transport Officer, Sivagangai also directed all the transport operators to issue the passenger ticket in the name of Aandoorani Village. The Divisional Engineer Highways, Sivagangai, on completion of the said decree, had also put up the name board. 2.

The grievance expressed by the petitioner is that subsequently while expanding the road, the name board put up by the Public Works Department officials have been removed and once again, it is not installed and in this regard, very many representations have been submitted and last such representation is dated 12.04.2016 and despite the Divisional Engineer Highways and Construction and Maintenance, Sivagangai, had addressed a letter to his subordinate officials to comply with the request made by the petitioner, no action has been taken and hence, the petitioner came forward with the present Writ Petition.

3. Mr.T.R.Jananrdhanam, learned Government Advocate was put on notice for the respondents.

4. In the light of the Civil Court order made in O.S.No.125 of 2002, on the file of the District Munsif, Sivagangai, which has attained the finality on 17.11.2006, coupled with the proceedings of the District Collector, Sivagangai, dated 23.12.2012 and another communication of the first respondent, dated 29.06.2016, the respondents are directed to install the name board which has been uprooted on account of expansion of highways, within a period of two weeks from the date of receipt of a copy of this order and communicate the decision taken thereon to the petitioner, forthwith.

5.

With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar

To:

1.The Divisional Engineer, Highways Department, Construction and Maintenance, Sivagangai, Sivagangai District.

2.The Assistant Divisional Engineer, Highways Department, Construction and Maintenance, Sivagangai, Sivagangai District.

+1cc to M/S.M.RAMU,ADVOCATE, SR NO: 52017 +1cc to M/S.THE SPECIAL GOVERNMENT PLEADER, SR NO: 52406 SSM JA-GSV-PM-21.09.2016/3P:5C W.P(MD).No.17286 of 2016 14.09.2016