B.Mahalakshmi v. The Secretary To Govt.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MRS.JUSTICE T.RAVINDRAN and W.M.P.(MD) No.22378 of 2019 B.Mahalakshmi ... Petitioner -vs1.The Secretary to Government Highways Department Fort St.George Chennai 600 009 2.The Chief Engineer National Highways Integrated Chief Engineer's Office 76, Sardar Patel Road, Guindy Chennai 3.The Project Director National Highways Authorities of India (NHAI) Office of the Project Director Ponnagar, Trichy 4.The Superintendent Engineer National Highways Department Trichy 5.The Assistant Divisional Engineer National Highways Department Trichy 6.The District Collector Trichy District Trichy 7.The Tahsildar Pirattiyur East Village Trichy West Taluk Trichy ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus forbearing the respondents herein to going ahead with the demolition of the house property located in S.No.195/2 and 199/5B of Pirattiyur East Village, Trichy West Taluk, Trichy District.

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For Petitioner :

Mr.K.Muthu Ganesa Pandian For Respondents :

Mr.J.Gunaseelan Muthaiah Additional Government Pleader

O R D E R

[Order of the Court was made by M.DURAISWAMY, J.] The petitioner has filed the above writ petition to issue a writ of mandamus forbearing the respondents going ahead with the demolition of the house property located in Survey Nos.195/2 and 199/5B of Pirattiyur East Village, Trichy West Taluk, Trichy District.

2. It is the case of the petitioner that she is in occupation of the property in the abovesaid survey numbers for a long time. However, the Highways Department took a stand that the land, which is in occupation of the petitioner, belonged to them and they require the same for the formation of the road. Further, the Highways Department contended that the construction put up by the petitioner is causing hindrance to the free-flow of traffic.

3. When the Authorities of the Highways Department went to the property in dispute for taking possession, the petitioner, by her letter dated 27.11.2019, undertook to vacate and handover the vacant possession of the property in dispute to the Authorities within a week's time. However, instead of vacating the premises, the petitioner has come forward to file the writ petition.

4. On a perusal of the materials available on record, it is clear that the property in dispute belonged to the Highways Department and that the construction put up by the petitioner is causing hindrance. When the petitioner herself has given an undertaking to the effect that she would vacate and handover the vacant possession of the property in dispute to the Highways Department in a week's time, she cannot now go back and prosecute the writ petition. The encroachment made by the petitioner is on the Highways land and therefore, no indulgence can be shown to her to remain in the property in dispute any more. In these circumstances, we do not find any merits in the writ petition.

5. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (crl side) // True Copy // Sub Assistant Registrar(CS) 2/3

krk To:

1.The Secretary to Government, Highways Department, Fort St.George, Chennai 600 009.

2.The Chief Engineer, National Highways, Integrated Chief Engineer's Office, 76, Sardar Patel Road, Guindy, Chennai.

3.The Project Director, National Highways Authorities of India (NHAI), Office of the Project Director, Ponnagar, Trichy.

4.The Superintendent Engineer, National Highways Department, Trichy.

5.The Assistant Divisional Engineer, National Highways Department, Trichy.

6.The District Collector, Trichy District, Trichy.

7.The Tahsildar, Pirattiyur East Village, Trichy West Taluk, Trichy.

+1 CC to SPL GP ( SR-103803[F] dated 06/12/2019 ) and W.M.P.(MD) No.22378 of 2019 05.12.2019 VB(20.12.2019) 3P 9C 3/3