The Madurai Bench of the Madras High Court dismissed a writ petition filed by Ganesan seeking a shift of a Nest Mini shop near Etturvattam Toll Plaza. The court dismissed the plea as cause of action became non-existent based on shell companies.
The writ petition was dismissed; no costs awarded; connected miscellaneous petition closed.
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. 996 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2021 CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.996 of 2021 and W.M.P.(MD) No.867 of 2021
Ganesan .. Petitioner
Vs 1.The Regional Officer, National Highway Authority of India, 2nd and 3rd Floor, Vijayakrishna Plaza, No.1, Lake Area, Melur Main Road, Mattuthavani, Madurai 625 107.
2.The Project Director, National Highway Authority of India, Project Implementation Unit, Madurai.
3.Kumar @ Srivaikumar .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to shift the Nest (Mini) food and beverage shop near the Etturvattam Toll Plaza to its place of original allotment as per 2 (A) (i) of the construction instructions in NHAI/GM(T)/HO/Highways Nest (Mini)/2017/108290 dated 09.11.2017 by the National Highways Authority of India within the stipulated time that may be fixed by this Court.
For Petitioner : Mrs.AL.Ganthimathi For Respondents : Mr.C.Arul Vadivel @ Sekar
ORDER
When the matter is taken up for hearing today, Mr.C.Arul Vadivel @ Sekar, has entered appearance on behalf of the respondents and a counter affidavit has also been filed on behalf of the 2nd respondent.
2.In the counter affidavit, in paragraph Nos.11 and 12, it had been stated as follows:-
“11.It is submitted that, based on the https://hcservices.ecourts.gov.in/hcservices/ representation received from the petitioner, the
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actual site condition has been examined and observed that the shifting of Nest Mini was done but it had been relocated by Nest (mini) operator within 200m from the Toll Plaza approach against the instructions of the 1st respondent. Hence, a letter/notice has been issued by this office on 12.02.2021 to the concerned Nest (mini) operator and instructed him to relocate the Nest (Mini) beyond 200m from the toll plaza approach. It is further submitted that, the shifted Nest (Mini) which is in front of the petitioner's land is not functioning at present.
12.It is submitted that, the process of relocation of the Nest (mini) beyond 200m of the Toll Plaza has already been initiated and the Nest (Mini) will be shifted either to its previous location or to a new location which will be in any case beyond 200m from the Toll Plaza approach. The 1st and 2nd respondents have already taken necessary action to address the prayer of the petitioner and the cause of action for the writ petition has become nonexistent.”
3.The above averments would state that the Nest (Mini) will be shifted either to its previous location or to a new location, which is beyond 200m from the Toll Plaza approach, which means that the Nest (Mini), which is functioning at present near to the property of the petitioner, would be shifted to the either of the aforesaid places.
4.At this, the learned counsel appearing for the petitioner requested this Court that by recording the averments as contained in paragraph Nos.11 and 12 of the counter affidavit filed on behalf of the 2nd respondent, the writ petition may be closed.
5.In view of the above averments, which are extracted supra, nothing survives for further consideration by this Court and accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar (CS-II)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
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W.P.(MD)No. 996 of 2021
Mm
+1 CC to Mr.C.ARUL VADIVEL @ SEKAR, Advocate ( SR-8058[F] dated 02/03/2021 )
+1 CC to M/s.AL.GANTHIMATHI, Advocate ( SR-8091[F] dated 02/03/2021 )
W.P.(MD)No.996 of 2021 01.03.2021
VB (17.03.2021) 3P 3C
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1 issue framed by the court
Whether the Writ Petition praying for shifting of the Nest Mini shop further survives for consideration given the counter affidavit.
Ganesan
The Regional Officer, National Highway Authority of India
The Project Director, National Highway Authority of India
Kumar @ Srivaikumar
V. Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
