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2016 Supreme(Mad) 621

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.MAHADEVAN, J.
G.Ravichandran - Petitioner
Vs.
The Principal Secretary, Highways & Minor Ports, Government of Tamil Nadu – Respondent
W.P(MD) No.8929, 8930 of 2015 and M.P(MD) No.1 of 2015 and W.P(MD) No.8957 of 2015 and M.P(MD) Nos. 2 to 5 of 2015 and W.P(MD) No.5207, 5208 of 2015 and M.P(MD) Nos.1 to 4 of 2015 and and W.P(MD) Nos.8250 to 8256 of 2015 and M.P(MD) Nos.1 to 3 of 2015 (in all petitions) and Contempt Petition (MD)No.547 of 2015 and Sub.Appln.(MD)No.99 of 2015, W.P(MD) No.8929 of 2015
Decided on : 25-02-2016

Advocates Appeared:
For the Petitioner: Mr. B.Saravanan
For the Respondents:Mr. K.Chellapandian, Additional Advocate General assisted by Mr. R.Karthikeyan, Additional Government Pleader

Headnote:Tamil Nadu Highways Act, 2001, Sections 5(2) and 8(1) - Tamil Nadu District Municipalities Act, 1920, Sections 61(2) and 61-A - Constitution of India, 1950 Article 226 Notification regarding construction of Road Over-Bridge (ROB) - the width of the bridge as proposed is only 8.5 meters and the road available is 18.5 meters, and thus go for acquisition-respondents are directed to parallel consider the claim of the petitioners in the above writ petitions and take appropriate steps to ascertain the actual available area for laying service roads on either side, including the acquisition of lands and complete the same along with the ROB construction work-if petitioner continues to construct ROB without construction of service road on either side, would cause trouble to petitioner- Court while disposing of the matter, issued certain directions

ORDER :

Here, is an yet another round of litigation by the respective petitioners, regarding the issue of construction of a Road Over Bridge in lieu of Existing LC.No.403 at Railway Km. 538/500 -600 between Virudhunagar and Thulukkapatti Railway Stations (Virudhunagar Town).

2. W.P(MD) No.8929 of 2015 has been filed seeking a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the third respondent in his proceedings K.No. 4518/2009/Vu.Po2, dated 14.05.2015 and quash the same as illegal and consequently, direct the respondents herein to take appropriate measures to draw a composite plan to construct road over bridge and service road abutting Ramamurthy Road, Virudhunagar Town, simultaneously to ensure free access of the petitioner to the public places.

3. W.P(MD)No.8930 of 2015 has been filed seeking a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the third respondent in his proceedings K.No. 4518/2009/Vu.Po2, dated 14.05.2015 and quash the same as illegal and consequently, direct the respondents herein to take appropriate measures to draw a composite plan to construct road over bridge and service road abutting Ramamurthy Road, Virudhunagar Town, simultaneously to ensure free access of the petitioner to the public places.

4. W.P(MD) No.8957 of 2015 has been filed seeking a Writ of Certiorarified Mandamus to call for the records relating to the impunged order of the third respondent in K.No.4518/2009/Vu.Po.2, dated 14.05.2015 and quash the same and consequently, direct the respondents herein to take adequate steps for laying and constructing a service road abutting Ramamurthy Road with a bridge providing adequate facilities for ingress and egress in every point of access to the public road.

5. W.P(MD)No.5207 of 2015 has been filed seeking a Writ of Certiorarified Mandamus to call for the records of the first respondent pertaining to the proceedings in G.O.(2D).No.184, Highways & Minor Ports (H.S.2) Department, dated 23.12.2014 and quash the same and consequently, direct the respondents to restore Ramamurthy Road to the control and ownership of Virudhunagar Municipality.

6. W.P(MD) No.5208 of 2015 has been filed seeking a Writ of Certiorarified Mandamus to call for the records of the first respondent pertaining to the proceedings in G.O.(2D).No.184, Highways & Minor Ports (H.S.2) Department, dated 23.12.2014 and quash the same and consequently, direct the respondents to restore Ramamurthy Road to the control and ownership of Virudhunagar Municipality.

7. W.P(MD)Nos.8250 to 8256 of 2015 have been filed seeking a Writ of Certiorarified Mandamus to call for the records relating to the impugned notification issued by the fourth respondent herein published in Dinamani Tamil Daily in ref.Se.Ma.Tho.E/309/Nilam/2014, dated 25.12.2014 and quash the same insofar as the petitioners herein are concerned and consequently, direct the respondents herein to issue appropriate notification under Section 8(1) of the Tamil Nadu Highways Act, 2001, complying with the directions contained in W.P(MD)No.2190 of 2012, batch, dated 25.09.2014 and statutory provisions contained under Section 8(1) of the Tamil Nadu Highways Act, 2001.

8. Contempt Petition (MD)No.547 of 2015 has been filed to punish the respondents herein for their wilful disobedience to the order of this Court dated 25.09.2014 made in W.P(MD)No.2129 of 2012.

9. Since the issue involved in these writ petitions, is one and the same, all the writ petitions are taken up together for hearing and decided by this common order.

FACTUAL MATRIX:

10. The facts of this case were already elaborately narrated and discussed by this Court in the previous battle of litigation in W.P(MD)No. 2129 of 2012 and batch and by an order dated 25.09.2014, this Court disposed of the said writ petitions. The origin of the litigation, is e




























































































































































































































































































































































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