Arulmighu Paulvannanatha v. The Special District Revenue

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2023 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P. (MD) No. 15760 of 2017 Arulmighu Paulvannanathasamy Thirukovil, Karivalamvanthanallur, Through its Executive Officer / Deputy Commissioner, HR & CE, Sankarankoil, Thirunelveli District.

... Petitioner Vs.

1.The Special District Revenue Officer (Land Acquisition), Tamilnadu Road Development Scheme II, Thiruchirapalli.

2.The District Collector, Thirunelveli.

3.The Divisional Engineer, Highways, Tamilnadu Road Development Scheme II, Thirunelveli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus, forbearing the respondents from in any manner 1/4

altering the physical features of the East Car Street, Karivalamvanthanallur, Thirunelveli District, under the guise of extending the state Highways bearing No.41 more particularly by removing the temple car, its shed, Heritage Kalmandapam and Karuppar Statue and either by raising the level of the road or otherwise.

For Petitioner : Mr. AL.Kannan for Mr. V.R.Shanmuganathan For Respondents : Mr. M.Senthil Ayyanar Government Advocate

ORDER

Heard Mr. AL.Kannan, Learned Counsel for the Petitioner and Mr. M.Senthil Ayyanar, Learned Government Advocate for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed forbearing the respondents from in any manner altering the physical features of the East Car Street, Karivalamvanthanallur, Thirunelveli District, under the guise of extending the state Highways bearing No.41, more particularly by removing the temple 2/4

car, its shed, Heritage Kalmandapam and Karuppar Statue and by raising the level of the road.

3.

Learned Government Advocate appearing for the Respondents has filed a memo dated 24.01.2023 stating that road has been laid by the Respondents without removal of the temple car shed and the copy of the written communication issued by the Third Respondent in Letter No. 768/2021/SH-41/Ei.Va.A dated 20.12.2022 has also been annexed. Hence, nothing survives for further consideration in the matter. In fine, the Writ Petition is disposed. Consequently, the connected Miscellaneous Petition is closed. No costs.

25.01.2023 NCC : Yes/No Index : Yes/No Sm 3/4

P.D.AUDIKESAVALU,J.

Sm TO:

1.The Special District Revenue Officer (Land Acquisition), Tamilnadu Road Development Scheme II, Thiruchirapalli.

2.The District Collector, Thirunelveli.

3.The Divisional Engineer, Highways, Tamilnadu Road Development Scheme II, Thirunelveli.

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