1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :: 22..03..2011 Coram:: THE HONOURABLE MS. JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Petition (MD)No.2603 of 2011 and M.P.(MD)No.1 of 2011 P. Rajamani, S/o. Ponniah Thevar, Minnagar,Chinnamanoor, Theni District. ..... Petitioner - Vs - 1. The District Collector, Theni District, Theni. 2. The Divisional Engineer, Highways Department, Bungalow Medu, Madurai Road, Theni Division, Theni District. 3. The Assistant Divisional Engineer, Highways Department, Uthamapalayam, Theni District. ......Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records in connection with the impugned order passed by the third respondent in K.No.125/2010/ENO dated 25.02.2011 quash the same as illegal and consequently directing the respondents not to evict the petitioner from his house in Survey No.328/1A, 1B in S.P.K.Road, Min Nagar, Chinnamanoor, Theni District without following process of law and without providing opportunity to the petitioner. For Petitioner :: Mr. D. Anbarasu For Respondents :: Mr. R. Janakiramulu Special Government Pleader - - - - - - - O R D E R (Order of the Court was delivered by A.ARUMUGHASWAMY, J.) The petitioner claims that he is in possession and occupation of a house in S.No.328/1A, 1B in S.P.K.Road, Min Nagar, Chinnamanoor, Theni District. According to the petitioner, he is also having power supply and he is paying the water tax. However, the third respondent, by his proceeding dated 25.02.2011 called upon him to evict from the premises. Hence, the petitioner has filed the present writ petition. 2. On notice, the second respondent has filed a counter https://hcservices.ecourts.gov.in/hcservices/ 2 affidavit stating that the land in question belongs to the Highways Department and at present there is no proposal for widening the road and the same may require in future. 3. Learned counsel for the petitioner contended that the petitioner is in occupation of the premises, in which he has constructed the building. Considering the counter affidavit filed by the second respondent stating that at present there is no proposal for widening the road, the petitioner may be permitted to continue in the said premises. 4. In the above said background, we have perused the affidavit filed in support of this writ petition and the counter filed by the second respondent and carefully considered the rival submissions on either side. 5. It is not in dispute that the petitioner is residing in the land in question. According to the second respondent, the said land belongs to Highways Department and at present there is no proposal for widening the road. The petitioner has also filed an Affidavit of undertaking, which runs as follows:- "3. I submit that in future, if our house of land is required for widening of road and I have been served notice as per law, I hereby undertake that I will vacate my house without any obstruction". 6. Considering the stand of the second respondent that at present there is no proposal for widening the road and in view of the undertaking given by the petitioner, which has been extracted above, the petitioner is permitted to continue temporarily in the premises in question and he is directed to hand it over the vacant premises to the respondents as and when the information is furnished to the petitioner with regard to the requirement of the premises for widening the road. 7. With the above said directions, this writ petition is disposed of. However, there will be no order as to costs. Consequently, the connected M.P.(MD)No.1 of 2011 is closed. SD/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To: 1.The District Collector,Theni District, Theni. 2. The Divisional Engineer, Highways Department, Bungalow Medu,Madurai Road,Theni Division, Theni District. 3. The Assistant Divisional Engineer, Highways Department,Uthamapalayam, Theni District. +1 CC TO THE SPECIAL GOVERNMENT PLEADER S.R NO. 7817 W.P.(MD)No.2603 of 2011 and M.P.(MD)No.1 of 2011 22.03.2011 Dpn/- PAM 21.04.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/