Writ petitioner sought injunction against road works on specific land. Respondents submitted via status report that no such work is proposed on the petitioner's land, rendering the petition infructuous.
No costs. No injunction granted as the work was not proposed.
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W.P.(MD)No.233 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2021 CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.233 of 2021 and W.M.P.(MD) No.192 of 2021
RM.Palaniappan .. Petitioner
Vs
1.The Divisional Engineer, Highways Department, Pudukkottai, Pudukkottai District.
2.The Assistant Divisional Engineer, Highways Department, Thirumayam, Pudukkottai District.
3.The Assistant Engineer, Highways Department, Ponnamaravathy, Pudukkottai District. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents and their subordinates from laying any road laying work or any other laying of block cement stone over the natham Survey Nos.840, 841/10 and 841/11 of Ponnamaravathy West Village, Ponnamaravathy Taluk, Pudukkottai District.
For Petitioner : Mr.D.Parisuthanathan
For Respondents : Mr.C.Ramesh Special Government Pleader
ORDER
When the matter is taken up for hearing today, a status report, dated 02.02.2021 has been filed on behalf of the 2nd respondent before this Court. The relevant portion of the status report reads as under:-
“ 3.It is humbly submitted that, Bituminous Terrace work has been done on the existing Bituminous Terrace road of having 7.00m width which has been maintained by the Highways https://hcservices.ecourts.gov.in/hcservices/ department more than 35 years and not any widening work
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W.P.(MD)No.233 of 2021
carried out. The petitioner's land of S.F.No.840, 841/10 & 11 has surveyed by Revenue Department and identified that the proposed Paver Block laying area is within the above SF Nos. Still there is no any Paver Block work has been carried out in this location by the Highways Department. In future also, no proposal to carry out the Paver Block work in the petitioner's land of S.F.No.840/841/10&11.”
2.In view of the categoric stand that the respondents would not carry on any work in the petitioner's land, this Court finds that no cause of action survives for any adjudication and therefore, this Writ Petition stands dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petition is closed.
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
mm
To
1.The Divisional Engineer, Highways Department, Pudukkottai, Pudukkottai District.
2.The Assistant Divisional Engineer, Highways Department, Thirumayam, Pudukkottai District.
3.The Assistant Engineer, Highways Department, Ponnamaravathy, Pudukkottai District.
+1 CC to SPL GP ( SR-3090[F] dated 03/02/2021 )
W.P.(MD)No.233 of 2021 02.02.2021
VB (16.02.2021) 2P 5C
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1 issue framed by the court
Whether the petition under Article 226 can be allowed to restrain road works on the petitioner's land given the department's categorical non-undertaking.
1 provisions across 1 enactments
R.M. Palaniappan
The Divisional Engineer, Highways Department, Pudukkottai
The Assistant Divisional Engineer, Highways Department, Thirumayam
The Assistant Engineer, Highways Department, Ponnamaravathy
V. Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
