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Madras High CourtWP(MD)/6889/2015closed

M. Balamurugan, v. The Prinicipal Secretary,

2023-02-27Honourable Mr Justice K.Kumaresh Babu7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.02.2023

CORAM

THE HONOURABLE MR.JUSTICE K. KUMARESH BABU and M.P.(MD).Nos.1 to 3 & 1 to 3 of 2015 W.P.(MD).No.6889 of 2015 M.Balamurugan ... Petitioner Vs.

1.The Principal Secretary, Highways & Minor Ports Fort St George, Chennai 600 009.

2.The Chief Engineer (General), Government of Tamilnadu, Chennai.

3.The Superintendent Engineer, NABAARD & Village Roads, Highways Department Government of Tamilnadu, 4.The Superintending Engineer (Scheme) Highways Department, Government of Tamilnadu,

5.The Divisional Engineer (Construction) ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents herein to provide adequate access to the petitioner on the western side of the road over bridge at Madurai-Kanyakumari GST Road near Tiruparankundram in lieu of L.C.371 to reach the public Road.

For Petitioner :No appearance For Respondents :Mr.M.Prakash Additional Government Pleader ***** W.P.(MD).No.6747 of 2015 G.Kannan ... Petitioner Vs.

1.The Principal Secretary, Highways & Minor Ports Fort St George, Chennai 600 009.

2.The Chief Engineer (General), Government of Tamilnadu, Chennai.

3.The Superintendent Engineer, NABAARD & Village Roads, Highways Department Government of Tamilnadu, 4.The Superintending Engineer (Scheme) Highways Department, Government of Tamilnadu, 5.The Divisional Engineer (Construction) ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents herein to provide adequate access to the petitioner on the western side of the road over bridge at Madurai-Kanyakumari GST Road near Palanganatham in lieu of L.C.366 to reach the public Road.

For Petitioner :No appearance For Respondents :Mr.M.Prakash Additional Government Pleader *****

COMMON ORDER Writ petitions have been filed seeking for a mandamus, directings the respondents to provide adequate access to the petitioner on the western side of the road over bridge at Madurai-Kanyakumari GST Road near Tiruparankundram in lieu of L.C.371 and near Palanganatham in lieu of L.C.366 respectively, to reach the public Road.

2. Today, when these matters are taken up for hearing, there is no representation for the petitioner.

3.Mr.M.Prakash, learned Additional Government Pleader appearing for the respondents produced the instructions received from the Assistant Divisional Engineer attached to the office of the fifth respondent. From the said instructions, even as early as in the year of 2016, a service road has been provided and has been used by the public. Hence, the prayer sought for in these writ petitions have become infructuous.

4. In view of the subsequent events, no further adjudication is required to be made in these writ petitions. Accordingly, these writ petitions are closed. Consequently, connected miscellaneous petitions are closed. 27.02.2023 NCC :Yes/No Internet :Yes/No Index : Yes / No sbn

To 1.The Principal Secretary, Highways & Minor Ports Fort St George, Chennai 600 009.

2.The Chief Engineer (General), Government of Tamilnadu, Chennai.

3.The Superintendent Engineer, NABAARD & Village Roads, Highways Department Government of Tamilnadu, 4.The Superintending Engineer (Scheme) Highways Department, Government of Tamilnadu, 5.The Divisional Engineer (Construction)

K.KUMARESH BABU, J.

sbn and M.P.(MD).Nos.1 to 3 & 1 to 3 of 2015 27.02.2023