M.Vembadiyan v. The General Manager And Project Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Vembadiyan ... Petitioner -vs1.The General Manager & Project Director National Highways Authority of India Office of the Project Director P.I.U., No.26, 1st Floor, VGP Nagar West Vazhudhareddy Post Viluppuram-605 401 2.The Project Director National Highways Authority of India Office of the Deputy General Manager (TECH)-cum Project Director Project Implementation Unit Plot No.3, Surya Towers, 2nd Floor 1st East Street, K.K.Nagar Madurai

3.The Divisional Engineer National Highways Authority of India Trichy 4.The Revenue Divisional Officer Lalgudi, Trichy District 5.The Tahsildar Lalgudi Taluk Office Lalgudi Trichy District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to take appropriate action to evict the Fish, Mutton and Chicken Stall on the National Highways 227 either side "South and North" situated at near Shivan Temple, Valadi Village, Lalgudi Taluk, Trichy District and the proceedings of the first respondent in 11021/NH-227/12/Vol-1/2020/PIU-VPM/1112 dated 20.07.2020 and No. 11021/RTI/Vol-1/2023/PIU-VMP/736 dated 12.05.2023, within the stipulated time as fixed by this Court.

For Petitioner :

Mr.V.Karthikeyan For Respondents :

Mr.P.Karthik Central Government Standing Counsel for R2 Mr.V.Nirmal Kumar Government Advocate for R3 to R5

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.P.Karthik, learned Central Government Standing Counsel, takes notice for the second respondent and Mr.V.Nirmal Kumar, learned Government Advocate, takes notice for the respondents 3 to 5.

2. Considering the nature of the relief, notice to the first respondent is deemed unnecessary.

3. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

4. The Assistant Divisional Engineer, National Highways, Trichirappalli, in his letter dated 27.06.2023, addressed to Government Pleader, has stated that the stretch of road in Valadi Village is an abandoned stretch of NH 227. He would also state that strengthening and widening work is in progress and a sum of Rs.4795.00 Lakhs has been sanctioned for that purpose. He would also state that the road boundary marking with the revenue officials is in progress from No.1 Toll Gate to Lalgudi. Once the

survey work is completed and the boundaries are identified, action will be taken for removal of encroachments.

5. Recording the same, this writ petition is disposed of giving liberty to the petitioner for reissuing, if the encroachment is not removed within a reasonable time. No costs.

[R.S.M., J.] [L.V.G., J.] 28.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The General Manager & Project Director, National Highways Authority of India, Office of the Project Director, P.I.U., No.26, 1st Floor, VGP Nagar West, Vazhudhareddy Post, Viluppuram-605 401.

2.The Project Director, National Highways Authority of India, Office of the Deputy General Manager (TECH)-cum Project Director, Project Implementation Unit, Plot No.3, Surya Towers, 2nd Floor, 1st East Street, K.K.Nagar, Madurai.

3.The Divisional Engineer, National Highways Authority of India, Trichy.

4.The Revenue Divisional Officer, Lalgudi, Trichy District.

5.The Tahsildar, Lalgudi Taluk Office, Lalgudi, Trichy District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk 28.06.2023