Dismissed

M.Malaikolunthan v. the Project Director

Madras HC13 Dec 2023WP(MD)/14993/2016

Case brief

AI extract

What is this about?

Three petitioners filed a writ petition under Article 226 seeking a direction to stop construction of a toilet and septic tank on National Highways land adjacent to their property. The High Court observed the respondents owned the land and the petitioner's case was untenable, dismissing the petition.

What did the court decide?

Writ of Mandamus seeking to forbid construction of a toilet and septic tank dismissed.

M.Malaikolunthan Vs the Project Director — Landlord and Tenant | Madras HC (2023)

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W.P(MD)No.14993 of 2016

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 13.12.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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W.P(MD)No.14993 of 2016 and WMP(MD) No.11052 of 2016

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1.M.Malaikolunthan

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2.M.Kumarasamy

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3.Masimalai

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1.The Project Director,

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Project Implementation Unit, National Highways Autority (NH-67 Division), No.10, Kamathenu Nagar,

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Karur.

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2.The Chief Engineer, National Highways, Chepakkam, Chennai.

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3.The District Collector, Trichy District, Trichy.

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4.The Tahsildar, Srirangam Taluk, Trichy District.

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...Respondents

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.14993 of 2016

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PRAYER:

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the first respondent from construction of a toilet, septic tank in SF No.19/4A of Thirupparaitthurai Village, Srirangam Taluk, Tiruchirappalli District based on the petitioner's representation dated 15.07.2016.

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For Petitioners : Mr.G.Kandha Vadivelan For R1 & R2 : Mr.S.Krishna Kumar for Mr.C.Arulvadivel Associates For R3 & R4 : Mr.M.Sarangan Additional Government Pleader

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O R D E R

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The petitioners are having a piece of land in S.No. 19/4A, Thirupparaithurai Village, Srirangam Taluk, Tiruchirappalli, to an extent of 0.09.0 Ares. The petitioners with a grievance that the first respondent has constructed a Toilet and a septic tank in front of the petitioners' land has submitted a representation in the year 2016 and filed this writ petition for a Mandamus, forbearing the first respondent from constructing Toilet and Septic Tank in front of their property.

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2/5 https://www.mhc.tn.gov.in/judis

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W.P(MD)No.14993 of 2016

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2.The learned counsel appearing for the first respondent

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submits that the Toilet has already been constructed near the toll plaza in the land belongs to National Highways. The first respondent has produced the photographs and submits that this toilet has been constructed on the opposite of Ramakrishna Kudil and it is also 300 meters away from the said Kudil

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3.In reply, the learned counsel for the petitioners

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submits that this toilet has been constructed adjacent to the Ramakrishna Kudil administered by Ramakrishna Mutt.

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4.This Court considered the rival submissions made and

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also perused the materials placed on record.

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5.The first respondent has put up toilet adjacent to the tollplaza and that too in the land belong to National Highways. Therefore, this Court is not inclined to entertain this writ petition.

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3/5

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.14993 of 2016

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Accordingly, this writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

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13.12.2023

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NCC : Yes/No Index :Yes/No Internet :Yes vrn

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1.The Project Director, Project Implementation Unit, National Highways Autority (NH-67 Division), No.10, Kamathenu Nagar, Karur.

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2.The Chief Engineer, National Highways, Chepakkam, Chennai.

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3.The District Collector, Trichy District, Trichy.

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4.The Tahsildar, Srirangam Taluk, Trichy District.

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4/5

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.14993 of 2016

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B.PUGALENDHI, J.

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vrn

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Order made in W.P(MD)No.14993 of 2016 and WMP(MD) No.11052 of 2016

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13.12.2023

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M.Malaikolunthan v. the Project Director

Case brief

What is this about?

What did the court decide?

M.Malaikolunthan v. the Project Director

Case brief

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What did the court decide?

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