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S.Bala Murugan vs The District Collector

Madras High Court|18 September, 2017

JUDGMENT / ORDER

[Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner has filed this petition in public interest. His grievance is that there is an unused small building in S.F.No.11/2, Manalur Village, Thirupuvanam Taluk, Sivagangai District, which is not being removed and as a result the project of laying four line Highways from Madurai to Rameshwaram is being stalled. He gave a representation on 15.07.2017 in this regard.
2. Today when the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1, 2, 4 and 5 stated that even though attempts were made to serve on the interested parties, there was no one to respond and therefore, the notice for removal of the structure was affixed on the building in question. It is also submitted by the learned Standing Counsel appearing for NHAI that the structure in question is situated in the middle portion of the road. The authorities have already allocated a certain sum payable to the owners of the building. It is stated by the learned Additional Government Pleader that a trust is claiming to be the owner of the building in question. It was originally a place of worship, but it is no longer used by the general public and it has became an abandoned one. It is a clear from the fact that the notice could not be served on the interested persons. In any event, if it is an impediment for laying of the National Highways, it has to be necessarily removed. We therefore direct the respondents 3 and 4 to remove the structure in question that is situated at S.F.No.11/2, Manalur Village, Thirupuvanam Taluk, Sivagangai District, within two weeks from the date of receipt of a copy of this order. The first and second respondents are directed to extend their assistance for carrying out the demolition work. If needed, sufficient police force shall be provided for carrying out the work of removal of the structure in question.
3.This writ petition is allowed accordingly. No costs.
To
1.The District Collector, Sivagangai District.
Sivagangai.
2.The Superintendent of Police, Sivagangai District, Sivagangai.
3.The Superintending Engineer (H), Office of the Superintending Engineer, Madurai Circle, Alagarkovil Road, Madurai.
4.The Inspector of Police, Thirupuvanam Police Station, Thirupuvanam, Sivagangai District.
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Title

S.Bala Murugan vs The District Collector

Court

Madras High Court

JudgmentDate
18 September, 2017