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.