Madras High CourtWP(MD)/14138/2015disposed of

P. Vaithyanathan v. National Highways Authority

2019-12-09Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2019

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR P.Vaithyanathan ... Petitioner Vs.

1. National Highways Authority of India, Rep.by The Special District Revenue Officer (Land Acquisition) 1st Floor, District Collector Office, Tiruchirappalli

2. The District Collector, Thanjavur, Thanjavur District.

3. The Revenue Divisional Officer, Thanjavur, Thanjavur District.

4. The Thasildar, Budhalur Taluk, Thanjavur District.

5. The Village Administrative Officer, Sanurappatti Village, Sengipatti Post, Budhalur Taluk, Thanjavur District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation, dated 25.06.2015 and remove the encroachments at Sanurappatti service road in Nagapattinam to Karur N.H.67, within the reasonable time frame. For Petitioner : M/s.T.Banumathy For Respondents 2 to 5 : Mr.B.Bhagavathi, Government Advocate.

For Respondent No.1 : Mr.D.Rajagopal

ORDER

This Writ Petition has been filed to direct the respondents to 1/3

consider the petitioner's representation, dated 25.06.2015 and remove the encroachments at Sanurappatti service road in Nagapattinam to Karur N.H.67, within the reasonable time frame. 2.Though this writ petition is filed for issuing a direction to the respondents to consider the petitioner's representation, dated 25.06.2015 and remove the encroachments at Sanurappatti service road in Nagapattinam to Karur N.H.67, the learned counsel appearing for the petitioner would submit that if the representation of the petitioner, dated 25.06.2015, is directed to be considered by the respondents, the petitioner would be satisfied. 3.Considering the limited scope of the prayer sought for by the learned counsel appearing for the petitioner, this Court without expressing any opinion on the representation of the petitioner, issue following directions:

The first respondent is directed to consider the representation of the petitioner and take appropriate action by passing orders on merits, after hearing all the parties concerned/interested, within a period of eight weeks from the date of receipt of a copy of this order. 4.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) To

1. The Special District Revenue Officer (Land Acquisition) National Highways Authority of India, 1st Floor, District Collector Office, Tiruchirappalli

2. The District Collector, Thanjavur, Thanjavur District.

3. The Revenue Divisional Officer, Thanjavur, Thanjavur District.

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4. The Thasildar, Budhalur Taluk, Thanjavur District.

5. The Village Administrative Officer, Sanurappatti Village, Sengipatti Post, Budhalur Taluk, Thanjavur District.

+1 CC to M/s.SPL GP (SR-104194[F] dated 10/12/2019 ) +1 CC to M/s.D.RAJAGOPAL, Advocate (SR-104464[F] dated 11/12/2019) +1 CC to M/s.T.BHANUMATHI, Advocate (SR-104545[F] dated 11/12/2019) GNS TE : 07/01/2020 : 3P/9C W.P.(MD)No.14138 of 2015 09.12.2019 3/3