The Madurai Bench of the Madras High Court disposed of a writ petition seeking removal of encroachments and a flag post on a highway junction without issuing a specific order on costs.
Directions to respondents to remove illegal construction and flagpost within a month or handover idol to nearby temple.
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.
W.P.(MD)No.5341 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.09.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY
W.P.(MD) No.5341 of 2020
Rajan ... Petitioner Vs
1.The Principal Secretary to Government, State of Tamil Nadu, Highways and Minor Ports Department, Fort St. George, Secretariat,
Chennai – 600 009.
2.The Divisional Engineer, Tamil Nadu State Highways Department, PWD Compound, Veppamoodu Junction, Nagerkoil, Kanyakumari District.
... Respondents
PRAYER: Writ Petition under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the second respondent to remove the encroachment of Pillayarkoil and Flag posts made in Thadikarankonam Junction, Kanyakumari District by considering the petitioner's representation dated 03.02.2020 within a stipulated time.
For Petitioner : Mr.T.A.Ebenezer For Respondents : Mr.B.Saravanan Government Advocate
ORDER
[Order of the Court was made by The Hon'ble CHIEF JUSTICE]
The petitioner complains of a small construction having sprouted at the junction of two roads in a manner that impedes the vision of drivers. There is a flag pole also which can be seen in the photographs which may also not be advisable to retain at the junction. https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD)No.5341 of 2020
2.Mr.B.Saravanan, learned Government Advocate takes notice on behalf of the first and second respondents and submits that no person claims ownership of the construction.
3.The official respondents, more particularly, the revenue officials should be vigilant that temples or other constructions are not put up on footpaths or any part of government lands. The concerned illegal and unauthorized construction will be razed. If there is any idol, the respondents authority will endeavour to hand over the idol to any nearby temple which may be interested in taking the same. If the flag pole and the construction have not been put up on any Government land or under any official process, both the constructions should be taken down as expeditiously as possible, preferably, within a month from date.
4.W.P(MD).No.5341 of 2020 is disposed of without any order as to costs.
Assistant Registrar (CRL)
// True Copy //
PS/SSL
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned .
To:
2.The Divisional Engineer, Tamil Nadu State Highways Department, PWD Compound, Veppamoodu Junction,Nagerkoil,Kanyakumari District.
W.P.(MD) No.5341 of 2020 27.09.2021 MGJ(29.10.2021) 2P 4C
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1 provisions across 1 enactments
Rajan
Principal Secretary to Government, State of Tamil Nadu, Highways and Minor Ports Department
Divisional Engineer, Tamil Nadu State Highways Department
Sanjib Banerjee
M. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
