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[Cites 1, Cited by 4]

Madras High Court

K.Dhansekar vs Union Of India on 19 October, 2016

Author: M.V.Muralidaran

Bench: M.V.Muralidaran

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               
DATED : 19.10.2016  
CORAM   
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU             
and 
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN             

W.P(MD)No.14152 of 2015   

K.DHANSEKAR     
S/O. KARUPPIAH   NEW NO.237 OLD NO.5/203        
VIVEKANANDHAR ST. TAHSILDAR NAGAR  ANNA            
NAGAR  MADURAI 625 020.                          ..  Petitioner      

                                              Vs.
1    UNION OF INDIA 
     REP. BY ITS SECRETARY  MINISTRY OF SHIPPING        
     ROAD TRANSPORT AND HIGHWAYS  UNION          
     SECRETARIAT   NEW DELHI 110 001.    

2    THE NATIONAL HIGHWAYS      
     AUTHORITY OF DINDIA  REP. BY ITS CHAIRMAN       
     G5 & 6  SECTOR 10  DWARAK  NEW DELHI.      

3    THE UNION OF INDIA  
     REP. BY THE DIRECTOR GENERAL(ROAD        
     DEVELOPMENT) NATIONAL HIGHWAYS AUTHORITY OF            
     INDIA  G5 & 6  SECTOR 10  DWARAK  NEW DELHI.      

4    THE DIVISIONAL ENGINEER    
     NATIONAL HIGHWAYS DEPARTMENT   MADURAI.          

5    THE ASSISTANT DIVISIONAL    
     ENGINEER  NATIONAL HIGHWAYS DEPARTMENT           
     MADURAI. 

6    REVENUE DIVISIONAL OFFICER      
     USILAMPATTI  MADURAI   

7    A. VEERAPATIRAN   
     S/O. AIYAVU SERVAI  51 INDHRA NAGAR      
     TIRUPARANKUNDRAM  MADURAI.                 .. Respondents         

        Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus to direct the respondents to relocate the
trees in National Highway - 49 which were proposed to be cut by them for
expansion of the National Highway and for a further direction to plant 10
saplings for every tree which they have removed already for widening the
National Highway in compliance to the directions issued by Apex Court within
a period that may stipulated by this Court.

!For Petitioner :Mr.M.Jerin Mathew 
For Respondents         : Mr.G.R.Swaminathan  
                        Assistant Solicitor General of India for R1 to R3
                        Mr.Aayiram K.Selvakumar for R4 to R6 
                        Government Advocate  
                        No appearance for R7 

:ORDER  

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner has come up with this petition seeking a direction to the respondents to relocate the trees in National Highway ? 49, which were proposed to be cut by them for expansion of the National Highway and for a further direction to plant 10 saplings for every tree which they have removed already for widening the National Highway in compliance to the directions issued by Apex Court.

2.We are unable to understand the prayer made, because it does not specify the place, where the trees are likely to be cut by the authorities for the purpose of widening the road. Therefore, no relief as prayed for can be granted. Accordingly, the writ petition is dismissed. No costs. Consequently connected Miscellaneous Petition is closed.

To 1 THE SECRETARY MINISTRY OF SHIPPING UNION OF INDIA ROAD TRANSPORT AND HIGHWAYS UNION SECRETARIAT NEW DELHI 110 001.

2 THE NATIONAL HIGHWAYS AUTHORITY OF DINDIA REP. BY ITS CHAIRMAN G5 & 6 SECTOR 10 DWARAK NEW DELHI.

3 THE DIRECTOR GENERAL(ROAD DEVELOPMENT) UNION OF INDIA NATIONAL HIGHWAYS AUTHORITY OF INDIA G5 & 6 SECTOR 10 DWARAK NEW DELHI.

4 THE DIVISIONAL ENGINEER NATIONAL HIGHWAYS DEPARTMENT MADURAI.

5 THE ASSISTANT DIVISIONAL ENGINEER NATIONAL HIGHWAYS DEPARTMENT MADURAI.

6 REVENUE DIVISIONAL OFFICER USILAMPATTI MADURAI.