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Madras High CourtWP(MD)/28274/2024disposed of

K.V.P. Ganesan v. The District Collector

2024-12-12Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.23971 of 2024 K.V.P.Ganesan ... Petitioner Vs.

1.The District Collector, 2.The Divisional Engineer, National Highways, Madurai Division, No.5, Race Course Road, Chinna Chockkikulam, Madurai - 2.

3.The Block Development Officer, Aandipatti Panchayat Union, 4.The Executive Officer, Aandipatti Panchayat Union, ... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents 3 to 4 from constructing the bus stop in front of the petitioner's property bearing Ayan S.No. 45/2A1C situated at Shanmugasundarapuram Village, Aandipatti Taluk, Theni District by obstructing the frontage of the petitioner's property by considering the representation of the petitioner dated 19.11.2024. For Petitioner : Mr.K.Samidurai For Respondents : Mr.J.Amjad Khan Government Advocate for R.1 to R.3 Mr.G.V.Vairam Santhosh Additional Government Pleader for R.4

ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus forbearing the respondents 3 to 4 from constructing the bus stop in front of the petitioner's property bearing Ayan S.No. 45/2A1C situated at Shanmugasundarapuram Village, Aandipatti Taluk, Theni District by obstructing the frontage of the petitioner's property by considering the representation of the petitioner dated 19.11.2024. 2/6

2. Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents 1 to 3, the learned Additional Government Pleader appearing for the fourth respondent and carefully perused the entire materials available on record.

3. The case of the petitioner is that infront of the petitioner's property in the Ayan S.No. 45/2A1C situated at Shanmugasundarapuram Village, Aandipatti Taluk, Theni District, the respondents 3 and 4 are constructing a bus stop. The petitioner made a representation dated 09.11.2024 in this regard but no action has been taken. Hence, this present writ petition came to be filed.

4. When the matter was taken up for hearing, the learned Government Advocate, on instructions, submitted that the property situate in the said survey number in which the construction of bus stop was carried on belong to the National Highways and however, the said construction is done without getting any permission from the National Highway.

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5. In view of the same, the respondents 3 and 4 are directed to consider the petitioner's representation dated 09.11.2024 and immediately stop the construction which is being put up by the respondents 3 and 4 infront of the petitioner's property.

6. This Writ Petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

12.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, 2.The Divisional Engineer, National Highways, Madurai Division, No.5, Race Course Road, Chinna Chockkikulam, Madurai - 2.

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3.The Block Development Officer, Aandipatti Panchayat Union, 4.The Executive Officer, Aandipatti Panchayat Union, 5/6

L.VICTORIA GOWRI , J.

MGA and W.M.P(MD)No.23971 of 2024 12.12.2024 6/6