Bench held that C.M.P.s filed in 2018 to fix hearing dates for writ appeals became infructuous as the year is now 2024 and ordered closure of applications.
Applications fixed for hearing held infructuous and 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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Monday, the Second day of September Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice P.VELMURUGAN and
The Hon`ble Mr.Justice K.K. RAMAKRISHNAN
C.M.P.(MD)Nos.5270, 5432 & 5433 of 2018 W.A.(MD)Nos.1242 to 1244 of 2016
RANJITHAKANI ... RESPONDENT/APPELLANT/PETITIONER in ALL THE PETITIONS
Vs
1 THE STATE OF TAMILNADU REP.BY ITS SECRETARY TO GOVERNMENT, HIGHWAYS DEPARTMENT, FORT ST.GEORGE,CHENNAI-9.
2 THE CHIEF ENGINEER [CONSTRUCTIONS AND MAINTENANCE) HIGHWAYS DEPARTMENT, CHEPAUK, CHENNAI-5
3 THE DISTRICT REVENUE OFFICER, THOOTHUKUDI DISTRICT, THOOTHUKUDI ... PETITIONERS/RESPONDENTS/RESPONDENTS in ALL THE PETITIONS
Civil Miscellaneous petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to fix a
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early date for the disposal of the writ appeal pending before on the file of this Honble court in WA.(MD).No.1243 of 2016.
PRAYER in WA(MD)No.1242 of 2016:
Writ Appeal filed under Clause 15 of Letters Patent, to allow this Writ appeal by setting aside the order passed by the learned judge in W.P.No.11236 of 2014 dated 30.10.2015 and quash the show cause notice issued by the respondent in Na.Ka.E2/9068/2013 dated 28.02.2014 issued under Section 15(2) of the Tamil Nadu Highway Act 2001.
Prayer in WP(MD). 11236/ 2014 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus calling for the show cause notice of the 3rd respondent herein in Na.Ka.E2/9068/2013 dated 28.2.2014 (Signed by the 3rd respondent on 5.5.2014 and served upon the petitioner on 24.5.2014) under section 15(2) of the Tamil Nadu Highway Act and quash the same and forbearing the respondents interfering with the peaceful possession and enjoyment of the petitioner in respect of the property comprised in Ward NO.4, Block No.23A, T.S.No.3533/46, at Thoothukudi Palayamkottai Road, Thoothukudi, measuring to an extent of 0.0014.0 square meter
Prayer in CMP(MD). 5432/ 2018 :
Pleased to fix a early date for the disposal of the writ appeal pending before on the file of this Honourable Court in W.A.(MD) No.1242 of 2016.
PRAYER in WA(MD)No.1243 of 2016:
Writ Appeal filed under Clause 15 of Letters Patent, to allow this Writ appeal by setting aside the order passed by the learned judge in W.P.No.11237 of 2014 dated 30.10.2015 and quash the show cause notice issued by the respondent in Na.Ka.E2/9068/2013 dated 28.02.2014 issued under Section 15(2) of the Tamil Nadu Highway Act 2001.
Prayer in WP(MD). 11237/ 2014 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus calling for the show cause notice of the 3rd respondent herein in Na.Ka.E2/9068/2013 dated 28.2.2014 (Signed by the 3rd respondent on 3.5.2014 and served upon the petitioner on 24.5.2014) under
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section 15(2) of the Tamil Nadu Highway Act and quash the same and forbearing the respondents from interfering with the peaceful possession and enjoyment of the petitioner in respect of the property comprised in Ward NO.2, Block No.23A, T.S.No.3533/26, at Thoothukudi Palayamkottai Road, Thoothukudi, measuring to an extent of 0.0111.8 square meter
Prayer in CMP(MD). 5433/ 2018 :
Pleased to fix a early date for the disposal of the writ appeal pending before on the file of this Honourable Court in W.A.(MD) No.1244 of 2016
PRAYER in WA(MD)No.1244 of 2016:
Writ Appeal filed under Clause 15 of Letters Patent, to allow this Writ appeal by setting aside the order passed by the learned judge in W.P.No.11238 of 2014 dated 30.10.2015 and quash the show cause notice issued by the respondent in Na.Ka.E2/9068/2013 dated 28.02.2014 issued under Section 15(2) of the Tamil Nadu Highway Act 2001.
Prayer in WP(MD). 11238/ 2014 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the show cause notice of the 3rd respondent herein in Na.Ka.E2/9068/2013 dated 28.2.2014 (Signed by the 3rd respondent on 04.05.2014 and served upon the petitioner on 24.05.2014) under section 15(2) of the Tamil Nadu Highway Act and quash the same and forbearing the respondents interfering with the peaceful possession and enjoyment of the petitioner in respect of the property comprised in Ward NO.2, Block No.23A, T.S.No.3533/27, at Thoothukudi Palayamkottai Road, Thoothukudi, measuring to an extent of 0.0008.0 square meter
ORDER : These Civil Miscellaneous petitions coming up for orders on this day,
upon perusing the petitions and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.BASKARAN, Additional Advocate General assisted by MR.D.SACHI KUMAR, Advocate for the petitioner in all the petitions,
the Court made the following order:-
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The applications are of the year 2018. Now, we are in the year 2024. Hence,
these petitions have become infructuous.
are closed.
sd/02/09/2024
/ TRUE COPY /
/09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
MBI TO
1 THE SECRETARY TO GOVERNMENT, STATE OF TAMILNADU HIGHWAYS DEPARTMENT, FORT ST.GEORGE,CHENNAI-9.
2 THE CHIEF ENGINEER [CONSTRUCTIONS AND MAINTENANCE) HIGHWAYS DEPARTMENT, CHEPAUK, CHENNAI-5
3 THE DISTRICT REVENUE OFFICER, THOOTHUKUDI DISTRICT,THOOTHUKUDI
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ORDER IN C.M.P.(MD)Nos.5270, 5432 & 5433 of 2018 W.A.(MD)Nos.1242 to 1244 of 2016 Date :02/09/2024
SS/JGB/SAR- /10/09/2024/5P/4C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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Ranjithakani
State of Tamilnadu Rep by Its Secretary to Government, Highways Department
Chief Engineer [Constructions and Maintenance] Highways Department
District Revenue Officer, Thoothukudi District
P.Velmurugan
K.K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
