The Madurai bench dismissed a writ petition challenging the construction of a bus shelter near the petitioner's plot. The court found the disputed land belonged to the government, access was unaffected, and claimed water channels were unsubstantiated.
The petition and connected miscellaneous petition were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2019 CORAM: THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.2408 of 2019
S.Kopperundevi
... Petitioner
Vs.
1.The Commissioner,
Trichy Corporation, Trichy.
2.The Assistant Commissioner, Ponmalai Fort, Trichy Corporation Office,
Trichy – 1.
3.The Assistant Engineer, Ponmalai Fort, Trichy Corporation, Subramaniyapuram, Trichy – 20. ... Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to forbear the respondents from constructing the bus shop shelter in the water channel on the southern side of the petitioner's house plot in Plot No.256 in Survey No.142 A/3A, K.Sathanoor Village, Trichy District by blocking the petitioner's pathway.
For Petitioner : Mr.C.Vakeeswaran
For Respondent : Mr.N.S.Karthikeyan
ORDER
Heard the learned counsel on either side.
2.The petitioner is owning Plot No.256 in Survey No.142 A/3A, K.Sathanoor Village, Trichy District. The petitioner questions the construction of a bus stop shelter near her plot. Since the petitioner claimed that her pathway is being blocked, this Court ordered notice to the respondent corporation. Today, the learned standing counsel appearing for the respondent corporation filed counter affidavit. It is seen therefrom that the place where the bus shelter is being constructed belongs to the Government and he submitted that on the western side, the petitioner is having 40 feet road. The petitioner's right of access has in no way been affected.
3.It is seen from the typed set of papers that no material has
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been placed to sustain the claim that there is a water channel in the southern side of the property in question. The learned counsel for the petitioner submitted that the bus shelter would come up on a drainage channel. The counsel for the corporation submitted that when the bus shelter is put up, the construction would be in such a way that they would make appropriate arrangements for diverting the drainage channel. This would meet the petitioner's concern.
4.It is further seen that Survey No.142A/3A has been lying as a vacant land for 14 years. This aspect of the matter shall also be borne in mind. I find no merit in this writ petition. It stands dismissed. No costs. Consequently, connected miscellaneous petition also stands dismissed.
Assistant Registrar ()
// True Copy //
Sub Assistant Registrar(CS)
To
1.The Commissioner, Trichy Corporation, Trichy.
2.The Assistant Commissioner,
Ponmalai Fort, Trichy Corporation Office, Trichy – 1.
3.The Assistant Engineer,
Ponmalai Fort, Trichy Corporation, Subramaniyapuram, Trichy – 20.
+1 CC to M/s.C.VAKEESWARAN, Advocate ( SR-45284[F] dated 06/02/2019 )
+1 CC to M/s.N.S.KARTHIKEYAN, Advocate ( SR-45513[F] dated 07/02/2019 )
skm
WP(MD)No.2408 of 2019 06.02.2019
KM/(22.03.2019) 2P 6C
1 issue framed by the court
Whether the petitioner is entitled to a writ of mandamus to restrain the respondent corporation from constructing a bus shop shelter on her property premises.
1 provisions across 1 enactments
S. Kopperundevi
Commissioner, Trichy Corporation
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
