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Madras High CourtWMP(MD)/24530/2024disposed of

Valliappan. P v. The District Collector

2025-02-12Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Twelfth day of February Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE G.R.SWAMINATHAN in WP(MD)No.26545 of 2023 P.Valliappan.

... Petitioner/Petitioner Vs 1 The District Collector O/o.The District Collector Madurai District Madurai 2 The Commissioner Madurai Municipal Corporation Madurai 3 The Deputy Commissioner of Police ( Traffic and Investigation Wing ) Madurai Town Madurai 4 The Executive Engineer Public Works Department, (Water Resource Department) Periyar Main Kalvai Sub Division No.1 Tallakulam Madurai.

5 The Executive Engineer Highways Department, Madurai - 2.

... Respondents/Respondents 1/4

Prayer in WMP(MD). No.24530 of 2024 :- Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India,to pass necessary clarification in the order dated 20.12.2023 made in W.P.(MD) No. 26845 of 2023 on the file of this Hon'ble Court and thus render justice. Prayer in WP(MD). 26845/ 2023 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to take necessary and immediate action for shifting the Bus Stop which is situated in S.No.32/1 Opposite to Meenakshi Mission Research Hospital, Madurai to a distance of 50 meters in due compliance of the proceedings issued by the District Collector, Madurai vide proceedings vide O.Mu.No.16523/2021-C5 dated 07.06.2021, proceedings of the Assistant Executive Engineer, PWD Periyar Main Channel, Sub Division No.1 Madurai also sent a letter to the Engineer, Madurai Corporation, Thallakulam in Letter No.Nfh.21/2023/cnr.ngh1 dated 10.05.

2023 and also proceeding issued by the 3rd Respondent sent to his higher official viz.The Commissioner, Traffic and Investigation, vide his proceedings dated 28.04.2021 and by considering the undertaking given by the petitioner in this affidavit to bear entire costs of demolition of existing bus stop and construction of new bus stop. ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.V.Malaiyendran, Advocate for the Petitioner and of Mr.K.Balasurbamani, Special Government Pleader for the 1st , 4th and 5th Respondents,and of Mr.F.Deepak, Advocate for the 2nd Respondent and of Mr.S.Prakash, Government Advocate for the 3rd Respondent this Court made the following order: Today ie., 12.02.

Na.Ka.No.Ma1.Uoo1.007035/2024 dated 07.02.2025 indicating the specifications as per which the bus-shelter is to be put up. The petitioner undertakes to abide by the instructions given by the corporation officials in the said communication. 2.This miscellaneous petition is disposed of accordingly. Sd/- Assistant Registrar(cs-1) // True Copy // /02/2025 Sub Assistant Registrar ( CS-I / II / III / IV ) TO

1. The District Collector O/o.The District Collector Madurai District Madurai.

2. The Commissioner Madurai Municipal Corporation Madurai City, Madurai.

3. The Deputy Commissioner of Police Traffic and Investigation Wing Madurai Town, Madurai.

4. The Executive Engineer, Public Works Department, (Water Resource Department), Periyar Main Kalvai Sub Division No.1 Tallakulam, Madurai.

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5. The Executive Engineer Highways Department Madurai.

+ 1 CC TO Mr.F.Deepak, Advocate CA Sr.No.9151/2025 + 1 CC to the Special Government Pleader CA Sr.NO.9528/2025 ORDER DATED : 12/02/2025 ==========================

ORDER

========================== in WP(MD) No.26845 of 2023 AS -(18.02.2025) 3P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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