The Madras High Court dismissed the petitioner's writ petition as infructuous because the bridge in question had already been constructed, rendering the specific relief sought impossible, though compensation rights remain open.
The writ petition was dismissed as infructuous; the petitioner is retained the right to seek compensation.
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.
WP(MD)No.1058/2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.04.2023
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA
WP(MD)No.1058/2020 & WMP(MD)No.847/2020
G.Rengasamy
... Petitioner
Vs.
Page 1 of 4
WP(MD)No.1058/2020
5.The Executive Officer, Sevalur Village Panchayat, Virudhunagar, Virudhunagar District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus forbearing the respondents 4 and 5 herein from constructing a bridge over the petitioner's property in S.No.646/2A and 646/2B in Sevalur Village, Sivakasi Circle, Virudhunagar District, without acquiring the petitioner's property by way of initiating acquisition proceedings and notifying the petitioner's property.
For Petitioner : Mr.S.Rajasekar For Respondents : Mr.D.Ghandiraj, Special Government Pleader
ORDER
It is now informed by the learned counsel appearing for the petitioner and the learned Special Government Pleader that the Bridge has already been constructed and therefore, the matter has become infructuous.
Page 2 of 4
WP(MD)No.1058/2020
the petitioner and the learned Special Government Pleader, the writ petition is dismissed as infructuous. However, this does not preclude the petitioner from taking steps for seeking compensation since according to him, his lands have been acquired for putting up the Bridge. No costs. Consequently, the connected Miscellaneous Petition is closed.
06.04.2023
NCC:Yes/No Index:Yes/No Speaking/Non-speaking order
mbi
To
Page 3 of 4
WP(MD)No.1058/2020
P.T.ASHA, J.
mbi
WP(MD)No.1058/2020
06.04.2023
Page 4 of 4 https://www.mhc.tn.gov.in/judis
1 issue framed by the court
Whether the writ petition for prohibiting construction of a bridge on petitioner's land without acquisition still lies.
1 provisions across 1 enactments
G. Rengasamy
The District Collector
The Assistant Director of Panchayats
The District Panchayat Secretary
The Block Development Officer, Sivakasi Union
The Executive Officer, Sevalur Village Panchayat
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
