Viswanathan v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P(MD)No.1 of 2015 Viswanathan ... Petitioner Vs 1.The Superintending Engineer (Highways), Taluk Office, Thuraiyur, Trichy District.

2.The Commissioner, Municipality, Thuraiyur, Trichy District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent from putting up or making construction in the nature of bus shelter abutting the petitioner's property bearing Door No. 16, 16A, 16B & 16C at Palakkarai which is situate on the southern side of Thuraiyur - Salem State Highway. For Petitioner : No Appearance For Respondents : Mr.S.RA.Ramachandran Additional Government Pleader 1/4

ORDER

None appears for the writ petitioner.

2. The counsel who filed the writ petition is no more. The petitioner has also not made alternative arrangements. I went through the contents of the affidavit filed in support of the writ petition. It is seen that the petitioner is aggrieved by the proposal of the second respondent to put up a bus shelter abutting his property. The grievance of the petitioner is that if the bus shelter comes up, his access rights will be affected. These issues can be resolved only before the jurisdictional civil Court. The writ Court is not in a position to go into the issues raised by the petitioner.

3. Granting liberty to the petitioner to move the jurisdictional civil Court, this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 18.07.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 2/4

1.The Superintending Engineer (Highways), Taluk Office, Thuraiyur, Trichy District.

2.The Commissioner, Municipality, Thuraiyur, Trichy District.

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G.R.SWAMINATHAN, J.

MGA and M.P(MD)No.1 of 2015 18.07.2023 4/4