BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21/09/2010
CORAM
THE HONOURABLE MR.JUSTICE P.JYOTHIMANI
and
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU
Writ Petition (MD) No.12002 of 2010
and
Writ Petition (MD) No.12003 of 2010
and
M.P.(MD)Nos.1 and 1 of 2010
P.Rajammal .. Petitioner in
W.P.(MD)No.12002/2010
P.Kodiarasan .. Petitioner in
W.P.(MD)No.12003/2010
vs.
1.The Divisional Manager,
Highways Department,
Bungalow Medu,
Madurai Road,
Then Division,
Theni District.
2.The Assistant Engineer,
Highways Department,
Uthamapalayam,
Theni District. .. Respondents in
the above Writ Petitions
Writ Petitions filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus to forbear the respondents from evicting
the petitioner from his house in Survey No.328/1A, 1B in S.P.K.Road, Minnagar
Chinnamanoor, Theni District without following process of law and without
providing opportunity to the petitioners.
!For Petitioners ... Mr.D.Anbarasu
^
:ORDER
(Order of the Court was made by P.JYOTHIMANI, J)
Earlier, a Writ Petition was filed in W.P.(MD)No.5199 of 2010 against the
notice issued on 10.4.2010 by the second respondent, which came to be dismissed
by a Division Bench of this Court on 23.4.2010 categorically holding that if the
property is situated in the Highways, there is no impediment for the necessary
proceedings to be initiated for removal of the encroachment.
2. Further, learned counsel for the petitioners would submit that
proceedings issued on 10.4.2010 have been dropped and another notice has been
issued.
3. Admittedly, such notice is not received. At this stage, the relief
cannot be granted. When such notice is received, it is for the petitioners to
work out their remedy in the manner known to law.
4. With the above observation, the Writ Petitions are dismissed. Connected
Miscellaneous Petitions are closed. No costs.
asvm
To
1.The Divisional Manager,
Highways Department,
Bungalow Medu,
Madurai Road,
Then Division,
Theni District.
2.The Assistant Engineer,
Highways Department,
Uthamapalayam,
Theni District.