Indian Public School (P) Ltd vs Assistant Divisional Engineer (C ...
2022 Latest Caselaw 5828 Mad

                                                                                        W.A.No.684 of 2022

                                          IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                          Dated: 22.03.2022

                                                               Coram:

                              THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, Chief Justice
                                                                 and
                                    THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
                                                             ---
                                                    W.A.No.684 of 2022
                                                            and
                                                   C.M.P.No.4754 of 2022
                                                             ---

                     Indian Public School (P) Ltd.,
                     Represented by its Chairman A.Ashokkumar,
                     Sathy Road, Sarkkar Samakkulam Po.,
                     Coimbatore.                                                               .. Appellant


                                                                 Vs.
                     1. Assistant Divisional Engineer (C & M),
                        Highways Department,
                        Annur, Coimbatore District.

                     2. Divisional Engineer,
                        Highways Department, Coimbatore-18.

                     3. The Superintending Engineer,
                        Office of Highways Department,
                        Coimbatore-641 018.                                                .. Respondents


                                  Writ Appeal filed under Clause 15 of the Letters Patent against the order
                     dated 06.12.2021 passed by the learned Single Judge in W.P.No.23342 of 2014
                     on the file of this Court.




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                                                                                        W.A.No.684 of 2022



                                              For appellant : Mr.Prahalad K.Bhat


                                                        JUDGMENT

(The Judgment of the Court was delivered by The Hon'ble Chief Justice)

The Writ Appeal has been filed to challenge the order dated 06.12.2021,

whereby, the Writ Petition preferred by the appellant/writ petitioner was

disposed of with liberty. The Writ Petition was filed against the order dated

24.07.2014 and to seek direction to forbear the respondents from removing the

foot over-bridge at 0/8 km in Devampalayam to Pethanaickenpalayam

Highways.

2. The appellant/writ petitioner failed to show the approval of the

authority for raising foot over-bridge and accordingly, a direction was given to

remove it. The writ petitioner has already removed the foot over-bridge, yet,

filed the present appeal and now, the only direction sought is that if they pursue

the application to seek approval/permission to construct the foot over-bridge, the

respondents may consider it as per the provisions of law. In that case, the

petitioner is not required to press the present Writ Appeal.

3. In view of the above submission made by the learned counsel for the

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appellant, we do not find a case to cause interference in the impugned order.

However, the Writ Appeal is disposed of, with liberty to the appellant/writ

petitioner to pursue the application seeking approval/permission of the

construction of the foot over-bridge. In that case, the authorities would consider

the matter in accordance with law. However, this direction may not be construed

to mean that a positive direction is issued for grant of permission/approval,

rather, it is to be analysed by the authority concerned. No costs. Consequently,

C.M.P. is closed.

                                                                         (M.N.B., CJ)       (D.B.C.J)
                                                                                   22.03.2022
                     Index: Yes/no
                     Speaking Order: Yes/no
                     cs



                     To

1. The Assistant Divisional Engineer (C & M), Highways Department, Annur, Coimbatore District.

2. The Divisional Engineer, Highways Department, Coimbatore-18.

3. The Superintending Engineer, Office of Highways Department, Coimbatore-641 018.

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THE HONOURABLE CHIEF JUSTICE and D.BHARATHA CHAKRAVARTHY, J

cs

W.A.No.684 of 2022

22.03.2022

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