The High Court of Madras dismissed a writ petition filed under Article 226 of the Constitution of India, holding the prayer to have become infructuous as it sought enforcement of previous court directions regarding land acquisition for road construction.
The Writ Petition is dismissed as infructuous. No costs.
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.No.8655 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.8655 of 2018 and
W.M.P.No.10582 of 2018
K.Shanmugasundaram ...Petitioner
Vs.
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W.P.No.8655 of 2018
Petition filed Under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, forbearing the respondents 3 to 5 from constructing the Road Over Bridge at Kilometer 373/6 at Karamadai near Coimbatore of Nagapattinam-Gudalur-Mysore in lieu of existing level crossing No.10 at Railway at Km.25/6-7 in between Periyanaickenpalayam and Karamadai Railway Stations on NH67 Extension without first acquiring the required lands including that of the petitioner, paying due compensation to the petitioner and other land owners as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as per the direction issued by this Hon'ble Court in W.P.No.8114 of 2017 dated 18.01.2018, within a time frame fixed by this Hon'ble Court.
For Petitioner : M/s.R.Gobika
For Respondents : Mr.R.P.Murugan Raja, GA.
O R D E R
When this matter is taken up for hearing, the learned counsel
appearing for the petitioner submits that the prayer sought for in this Writ Petition has become infructuous.
for the petitioner, this Writ Petition is dismissed as infructuous. No costs.
Consequently, connected miscellaneous petition is closed.
04.07.2022
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W.P.No.8655 of 2018
skt
Index : Yes / No Speaking Order : Yes / No
To
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W.P.No.8655 of 2018
M.DHANDAPANI, J.
skt
W.P.No.8655 of 2018
and W.M.P.No.10582 of 2018
04.07.2022
4/4
1 issue framed by the court
Whether the writ petition praying for issuance of Writ of Mandamus for non-construction of Road Over Bridge without land acquisition under RTA Act, 2013 is infructuous.
Colour shows how this judgement treated each authority
W.P.No.8114 of 2017 dated 18.01.2018Referred¶18
2 provisions across 2 enactments
K.Shanmugasundaram
The Divisional Revenue Officer / Land Acquisition Officer, Coimbatore District
The Tahsildar, Mettupalayam Taluk, Coimbatore District
The Superintending Engineer, Highways Department, Project Circle, Coimbatore - 641 043
The Divisional Engineer, Highways, Near North Kovai Over Bridge, Mettupalayam Road, Coimbatore - 641 043
The Assistant Divisional Engineer, Highway Department Project, Coimbatore-641 043
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
