WA(MD). No.1950 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 19/02/2025 CORAM THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs. JUSTICE S.SRIMATHY WA(MD). No.1950 of 2024 and CMP(MD) No.14426 of 2024 The Deputy General Manager, (Technical) & Project Director National Highways Authority of India Project Implementation Unit Tiruchirappalli ... Appellant Vs 1.T.Cibi Chakraborthy 2.The District Collector Dindigul District,Dindigul. 3.Competent Authority/Highways Administration National Highways Authority of India Dindigul-Trichy National Highways Tiruchirappalli ... Respondents PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against the order of this Court dated 06.06.2024 in WP(MD). No.10455 of 2024. For Appellant : Mr.P.Karthick For Respondents : Mr.M.Mahaboob Athiff for R1 Mrs.D.Farhana Ghoushia for R2 1/5 https://www.mhc.tn.gov.in/judis WA(MD). No.1950 of 2024 JUDGMENT (Judgment of the Court was delivered by J.NISHA BANU,J.) The writ appeal is directed against the order of the writ Court dated 06.06.2024 in WP(MD) No.10455 of 2024. 2. The respondent National Highways Authority in the writ petition is the appellant herein. 3. A portion of the writ petitioner's property was acquired by the appellant authority and metal barricades have been placed in front of the the property of the writ petitioner. For removing the same, the writ petitioner approached the authorities. However, it is stated through the impugned order in the writ petition that the appellant has proposed to lay a service road in between the highway and adjacent to the metal barricades, ie., near the property of the writ petitioner and hence stated that the metal barricades could not be removed. The writ petition filed challenging the impugned order of the appellant/2nd respondent was allowed by the learned Single Judge and the authorities were directed to remove the metal barricades laid in front of the writ petitioner's/1st 2/5 https://www.mhc.tn.gov.in/judis WA(MD). No.1950 of 2024 respondent's property. 4. Now, the appellant is aggrieved by the order of the learned Single Judge. Their stand is that upon request by the writ petitioner/1st respondent, the officials have inspected the property and found that for the safety of the road users, the metal beam crash barrier was installed and that the private property is abutting the road and is in curved location. It is their stand that 1140 sq. m in S.No.642/1C1 was acquired through the proceedings of the competent authority for the purpose of laying road and hence, the acquired property vests with the National Highway Authority/Government, wherein, for avoiding accidents/fatal accidents, the barricades were installed. For these reasons, the appellant prays for interference. 4.We have considered the rival submissions and perused the materials available on record. 5. The land was acquired as early as in the year 2007 and the road was laid therein. Though there was a proposal for laying a service road in 3/5 https://www.mhc.tn.gov.in/judis WA(MD). No.1950 of 2024 between the petitioner's property and the national highway, even after 16 years, no road has been laid. Hence, the learned Single Judge has rightly found that even after 16 years of acquisition of the land, the road has not been laid and directed the authorities to remove the barricades. The learned single Judge has rightly taken into the account the fact that there is no access for the petitioner to reach the road. 6. Hence, we do not find any infirmity or illegality in the order of the learned Single Judge. Accordingly, the writ appeal stands dismissed. No costs. Consequently connected Miscellaneous Petition is closed. [J.N.B.,J] [S.S.Y.,J] 19.02.2025 NCC : Yes/No Index : Yes/No RR To The District Collector, Dindigul District, Dindigul. 4/5 https://www.mhc.tn.gov.in/judis WA(MD). No.1950 of 2024 J.NISHA BANU, J AND S.SRIMATHY, J. RR ORDER IN WA(MD) No.1950 of 2024 Date : 19/02/2025 5/5 https://www.mhc.tn.gov.in/judis