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Madras High CourtWP(MD)/9858/2017closed

V.P.Radhakrishnan, v. The Project Director,

2024-08-16Honourable Mr Justice Mohammed Shaffiq4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 16.08.2024

CORAM

THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ and W.M.P(MD)Nos.9100 and 7555 of 2017 V.P.Radhakrishnan ... Petitioner Vs.

1.The Project Director, Project Implementation Unit, National Highways Authority of India, Plot No.3, Surya Towers, Second Floor, First East Street, K.K.Nagar, Madurai-625 020 2.The Assistant Executive Engineer, Project Implementation Unit, National Highways Authority of India Plot No.3, Surya Towers, Second Floor, First East Street, K.K.Nagar, Madurai-625 020.

...Respondents

Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue a Writ of Mandamus, forbearing the respondents from constructing any public toilet complex on the eastern side of the subject property of the petitioner in Plot No.1, K.L.N.Nagar, Survey No.119/2B2, 119/3B2, 120/4B2 and 120/5C, Kappalur Village, Thirumangalam Taluk, Madurai District obstructing the right of access of the petitioner from the national highways NH7.

For Petitioner : Mr.J.Barathan For Respondents : Mr.S.Sankarapandian

ORDER

The present writ petition is filed praying for issuance of a writ of Mandamus to forbear the respondents from constructing any public toilet complex on the eastern side of the subject property of the petitioner in Plot No.1, K.L.N.Nagar, Survey No. 119/2B2, 119/3B2, 120/4B2 and 120/5C, Kappalur Village, Thirumangalam Taluk, Madurai District, obstructing the right of access of the petitioner from the national highways NH7. 2.Heard Mr.J.Barathan, learned counsel for the petitioner and Mr.S.Sankarapandian, learned counsel for the respondents.

3.The learned counsel for the respondents, on instructions, would submit that the land in front of the petitioner's property/shop belongs to the National Highways. It is further submitted that as of now the respondents do not propose to construct any permanent structure, in the form of toilet etc., before the petitioner's property. If the respondents propose to put up a permanent structure, the petitioner would be put on notice. Hence, nothing survives for adjudication in this matter.

4.Recording the aforesaid submissions, this writ petition is closed. No costs. Consequently, connected miscellaneous petitions are closed.

16.08.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No

MOHAMMED SHAFFIQ, J.

Ns To 1.The District Registrar, Dindigul District.

2.The Sub Registrar, Kodaikanal Dindigul District.

and W.M.P(MD)Nos.9100 and 7555 of 2017 16.08.2024