T.Thavamani v. The Municipal Council

ORDER The above writ petition has been filed for the issue of a Writ of Mandamus forbearing the respondents from forming and laying down any road or public street in the subject property in old S.No.93/4, Shengulam Village, Thirumangalam Taluk, Madurai District and Town S.No.6/8A1, Thirumangalam Municipality and Old S.No.93/5, Town S.No.6/9B1 without resorting to acquisition of land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2.Considering the fact that the road has already been laid as per the counter filed by the first respondent, nothing survives for consideration in the above writ petition.

3.The Writ Petition is accordingly closed. It is needless to state that the observations herein will in noway prejudice the contentions raised by the petitioner in the suit filed for declaration and injunction. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Speaking : Yes / No

05.04.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm

P.T.ASHA, J. mm

05.04.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2023 CORAM THE HONOURABLE Ms.JUSTICE P.T.ASHA and W.M.P.(MD) No.6072 of 2020 T.Thavamani ... Petitioner /vs./ 1.The Municipal Council, Thirumangalam Municipality, Madurai District. 2.The Commissioner, Thirumangalam Municipality, Madurai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the respondents from forming and laying down any road or public street in the subject property in old Survey No. 93/4, Shengulam Village, Thirumangalam Taluk, Madurai District and Town Survey No.6/8A1, Thirumangalam Municipality measuring about 48 Cents and Old Survey No.93/5, Town Survey No.6/9B1 measuring about 28 Cents without resorting to acquisition of land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. For Petitioner : Mr.J.Barathan For Respondents : Mr.A.Kannan