Petitioner sought mandamus to consider its representation seeking realignment of a proposed outer ring road at Sivakasi. Since a Section 15(1) notification under the Tamil Nadu Highways Act, 2001 had already been issued, the court held no direction could be issued and dismissed the writ petition.
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W.P.(MD) No.21939 of 2022
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
DATED: 16.06.2025
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
W.P.(MD) No.21939 of 2022 and
W.M.P.(MD)Nos.11597, 11604, 11606 & 13953 of 2023
Sri Vijai Pyro Technic Factory, Partnership Firm Represented by it's Partner, 4/1585-E, Samyapuram Colony, Sivakasi East - 626 189.
... Petitioner
Vs
... Respondents
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W.P.(MD) No.21939 of 2022
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to consider the representation of the petitioner dated 26.04.2022 consequently to send a report to the 1st respondent, for shifting the alignment of the proposed road in question on the petitioner's land in S.Nos.461/2, 460/1B and 460/2B to S.No.460/1A and 460/2A as indicated in the sketch submitted and marked in orange colour as shown in the petitioner's objection / representation and the sketch dated 26.04.2022 within a time to be stipulated by this Court.
For Petitioner : Mr.A.Sivajie For Respondents : Mr.A.Baskaran, Addl. Govt. Pleader
O R D E R
This Writ Petition is filed seeking a direction to the second respondent to consider the representation of the petitioner dated 26.04.2022, wherein the petitioner made objections regarding the alignment of the proposed outer ring road for the town of Sivakasi.
2. Heard the arguments of Mr.A.Sivajie, learned counsel for the petitioner and Mr.A.Baskaran, learned Additional Government Pleader for the respondents.
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W.P.(MD) No.21939 of 2022
3 . It is seen from the proceedings of Special District Revenue Officer [Land Acquisition], Tamil Nadu Road Development Scheme – II, Trichirapalli, in his proceeding in Na.Ka.No.18407/2020/D, dated 02.02.2023, that 15(1) notification under the Tamil Nadu Highways Act, 2001 has already been issued on 20.12.2022. Therefore, at this stage, a direction cannot be issued to the respondents to consider the objections raised by the petitioner. If the petitioner is aggrieved, it is for him to challenge the 15(1) notification in the manner known to law.
4 . Accordingly, this Writ Petition is dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.
16.06.2025
vsm
Index: Yes/No Internet: Yes/No Neutral Citation: Yes/No
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W.P.(MD) No.21939 of 2022
S.SOUNTHAR, J.
vsm
To
W.P (MD) No.21939 of 2022
16.06.2025
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1 issue framed by the court
Whether the court could direct consideration of objections to road alignment when a Section 15(1) notification under the Tamil Nadu Highways Act, 2001 had already been issued?
2 provisions across 2 enactments
Sri Vijai Pyro Technic Factory, Partnership Firm, represented by its Partner
The State of Tamil Nadu, Rep. by its Secretary, Highways and Minor Ports Department
District Revenue Officer Cum Land Acquisition Officer, Virudhunagar
Divisional Engineer (Construction and Maintenance), Highway Department Office, Virudhunagar
Special Tahsildar (L.A), Outer Ring Road Office, Sivakasi, Virudhunagar
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
