U.Rasu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2015

CORAM:

THE HONOURABLE MS.JUSTICE V.M. VELUMANI W.P(MD).No.20611 of 2013 and M.P(MD).No. 1 of 2013 U. Rasu : Petitioner Vs.

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Block Development Officer, Narikkudi Union Panchayat Office, Narikkudi, Virudhunagar District.

3. The Tahsildar, Thiruchuli Taluk Office, Thiruchuli, Virudhunagar District. : Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the 1st and 2nd respondents their men or agents from laying the road in S.F.No.266/3 and 266/4 situated at Uluthimadai Village, Virudhunagar District under the Prime Minister's Road Development Scheme without giving notice and consequently awarding compensation to the petitioner.

For petitioner : Mr. B. Senthilkumar For R1 : Mr. V. Muruganandam Additional Government Pleader For R2 : Mr. A. Muthukaruppan

O R D E R

This Writ Petition is filed to issue a Writ of Mandamus forbearing the respondents 1 and 2, their men or agents from laying the road in S.F.Nos.266/3 and 266/4 situated at Uluthimadai Village, Virudhunagar District, under the Prime Minister's Road Development Scheme, without giving notice to the petitioner.

2. The Writ Petition is of the year 2013. When the matter was taken up for hearing on 14.12.2013, it was adjourned to 20.12.2013, for getting instructions. The Writ Petition was https://hcservices.ecourts.gov.in/hcservices/

listed on 02.01.2014 and 04.09.2015. There was no representation on behalf of the petitioner, on both the days, and thereafter, it was listed today under the caption for dismissal.

3. The learned counsel for the petitioner submitted that the respondents have already laid road and he further submitted that respondents may be directed to pay compensation to the petitioner.

4. In view of the fact that road already been laid, the Writ Petition has become infructuous. It is open to the petitioner to approach the concerned authority for compensation, if he is eligible for the same.

5. With the above observation the Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Per.Admn) /True Copy/ Sub Assistant Registrar trp To

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Block Development Officer, Narikkudi Union Panchayat Office, Narikkudi, Virudhunagar District.

3. The Tahsildar, Thiruchuli Taluk Office, Thiruchuli, Virudhunagar District.

+1CC to Mr.B.Senthil Kumar Advocate Sr.No.55146 +1CC to Spl.Government Pleader Sr.No.55502 GJM/SKS/RR/12.10.15-2P-6C W.P(MD).No.20611 of 2013 and M.P(MD).No. 1 of 2013 18.09.2015 https://hcservices.ecourts.gov.in/hcservices/