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Madras High CourtWP(MD)/20416/2014disposed of

A.V.B. Prabu, v. The District Collector,

2023-03-02Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.20416 of 2014 and M.P(MD) No. 1 of 2014 A.V.B.Prabu ..... Petitioner - Vs1. The District Collector, Madurai, Madurai District.

2. The Project Director, National Highways, Project Implementation Unit, Trichy, Trichy District.

3. The Superintending Engineer, Highways Department, No.83/1, SBI 1st Colony Extension, Bye Pass Road, Madurai - 16.

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4. The Eagle Dheep Trichy Byepass Tollways India Pvt Ltd., Boothakudi Toll Plaza, Near Chittar Unit VII, Fathima Nagar, Eelupur, Pudukkottai District.

5. S.V.Pethaperumal ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to restore the pathway in Survey No.420/1B, Near National Highways, Melur, facilitating petitioner's to reach his agricultural lands and other agricultural lands within the period that may be stipulated by this Court.

For Petitioner : Mr.C.Venkatesh Kumar For Respondents : Mr.M.Prakash Additional Government Pleader For R1 and R3 : Mr.S.Sankarapandian for Mr.C.Arul Vadivel Associates For - R2 : No appearance - For R4 2/5

ORDER

This writ petition has been filed seeking for a writ of Mandamus, to direct the respondents to restore the pathway so as to enable the petitioner to reach his agricultural lands.

2. The petitioner has made a submission that when the Highways Department upgraded the existing pathway to reach the petitioner's land was closed and after completion of the Highways work, the pathway has not been restored. Hence, the petitioner had made a representation, dated 19.08.2014. The said representation has been forwarded by the third respondent to the second respondent to take necessary action in his proceedings dated 23.08.2014 in Ref.NHAI/PD/MDU/MH 45/2014/1363.

3. In view of the fact that the third respondent has forwarded the representation of the petitioner to the second respondent as early as in the year 2014, the second respondent is directed to consider the representation of the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order.

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4. With the above said direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

02.03.2023 NCC: Yes / No Index :

Yes / No Internet :

Yes / No ebsi To

1. The District Collector, Madurai, Madurai District.

2. The Project Director, National Highways, Project Implementation Unit, Trichy, Trichy District.

3. The Superintending Engineer, Highways Department, No.83/1, SBI 1st Colony Extension, Bye Pass Road, Madurai - 16.

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K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No. 20416 of 2014 02.03.2023 5/5