Dismissed¶27

Tamilvendan v. The Principal Secretary

Madras HC3 Jun 2025WP(MD)/3507/2025

Case brief

AI extract

What is this about?

toll plaza removal; Rameswaram-Dhanushkodi National Highway; writ of mandamus; Article 226 Constitution of India; misconceived relief; challenge through relevant proceedings; writ petition dismissed; Madurai Bench of Madras High Court; National Highways Department; Ramanathapuram; Rameswaram Municipality; no costs.

What did the court decide?

The relief sought in the writ proceedings is misconceived: the toll plaza was established by authority of law, and any irregularity or illegality ought to be challenged through the relevant proceedings rather than by a writ of mandamus. ¶22

Tamilvendan Vs The Principal Secretary — Writ and Judicial Review | Madras HC (2025)

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W.P(MD)No.3507 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.06.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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W.P(MD)No.3507 of 2025

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Tamilvendan ... Petitioner

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The Principal Secretary, Department of Highways and Minor Ports, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai 600 009.

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The District Collector, Office of the District Collector, Ramanathapuram District.

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The Divisional Engineer, National Highways Department, Ramanathapuram District.

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The Commissioner, Rameswaram Municipality, Rameswaram, Ramanathapuram District. ... Respondents **_(R4 Cause Title is amended vide Court order dated 21.02.2025 in WMP(MD)No.3005/2025)_*

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1/4

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

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W.P(MD)No.3507 of 2025

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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, directing the respondents to immediately remove the illegally erected toll plaza on the Rameswaram-Dhanushkodi National Highway by considering the petitioner's representation dated 27.01.2025 within the period as stipulated by this Court.

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For Petitioner : Mr.Vishnu J, For R1 to R3 : Mr.P.Thilak Kumar Government Pleader For R4 : Mr.K.Saravanan Standing Counsel

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O R D E R

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[Order of the Court was made by S.M.SUBRAMANIAM, J.]

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The Writ of Mandamus has been instituted to direct the respondents to immediately remove the illegally erected toll plaza on Rameswaram-Dhanushkodi National Highway.

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2.The relief sought for in the writ proceedings is absolutely misconceived. The toll plaza has been established by the authority of law and if any irregularity or illegality, the relevant proceedings ought to

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2/4

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

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W.P(MD)No.3507 of 2025

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be challenged. Contrarily, the petitioner cannot file a Writ of Mandamus

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for removing the toll plaza in entirety and thus, the present writ petition is devoid of merits and the same stands dismissed. There shall be no

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order as to costs.