Ambalatharasu @ Ramalingam v. The District Collector / Mon

Village, Kumbakonam Taluk, Thanjavur District, has been kept pending till date without any progress. Hence, the petitioner has filed this Writ Petition seeking appropriate relief.

2.Today, when the matter was taken up for hearing, the learned Additional Government Pleader appearing for respondents 1 to 3 submitted that the acquired land in question falls within the jurisdiction of the National Highways Authority of India.

3.Considering the said submission, this Court is inclined to suo motu implead the Project Director, Thanjavur to Chennai via Kumbakonam National Highways Road Project, National Highways Authority of India (NHAI), Thanjavur. Accordingly, the Project Director, Thanjavur to Chennai via Kumbakonam National Highways Road Project, National Highways Authority of India (NHAI), Thanjavur is suo motu impleaded as the sixth respondent. 4.Challenging the order passed by the Writ Court in

W.P.(MD)No. 29217 of 2024, by which the prayer for installing party flags was dismissed, the appellant, who is a third party, had filed a Writ Appeal in

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W.A.(MD) No. 485 of 2025, which was dismissed by one of us (JNBJ) by order dated 06.03.2025, with the following observations:

"8. It is seen that the writ Court had considered the fact that no Act prescribes erection of flagpoles nor any Rules framed for the same. The writ Court recorded the fact that the flagpoles were erected only with the permission of the police / local / revenue authorities, as the case may be, however, these authorities have no power whatsoever to grant such a permission.

9. Merely on the basis of the no objection certificate issued by the concerned department, the flagpoles were erected, which would cause hardships not only for the free flow of traffic but also endangering the human life. The writ Court had also recorded the fact that the Tamil Nadu Highways Act, 2001 also does not permit any erection of permanent structures in the lands owned by the State Highways.

10. Section 24 of the Control of National Highways (Land and Traffic) Act, 2002 had been dealt with by the learned Single Judge, while denying the relief sought for by the writ petitioners therein.

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11. Not only the Tamil Nadu Highways Act, 2001, the Control of National Highways (Land and Traffic) Act, 2002 and none of the Act/Rules permits erection of permanent/temporary flagpoles in their respective lands and the writ Court had rightly held that none of the authorities have power to give no objection also for such erection of flagpoles.

12. The impugned order is challenged on the main ground that the writ Court has exceeded its power beyond the scope of the writ petition. It is to be borne in mind that the writ jurisdiction being a special original jurisdiction, the writ Court have every powers to travel beyond the scope of the writ petition and grant necessary directions or reject the reliefs, considering the nature of relief sought for. Hence, the writ Court had rightly rejected the relief for erection of flagpoles.

13. For all these reasons, we do not find any infirmity or illegality in the order passed by the writ Court. Accordingly, the writ appeal is dismissed. No costs. Consequently connected Miscellaneous Petition is closed." 4.In the light of the above, the sixth respondent is directed to consider the claim of the petitioner, after giving sufficient opportunity of personal hearing to both the petitioner and the fifth respondent and pass appropriate orders on

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merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

[J.N.B.,J.] & [S.S.Y.,J.]

24.03.2025

NCC : Yes / No Index : Yes / No Internet : Yes ps

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To 1.The District Collector/Monitoring Committee, Collectorate,

Thanjavur District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Kumbakonam.

3.The Tahsildhar,

Taluk Office,

Kumbakonam.

4.The Divisional Engineer,

Thanjavur to Chennai via Kumbakonam National Highways Road Project,

National Highways Authority of India (NHAI), Thanjavur.

5.The Project Director,

Thanjavur to Chennai via Kumbakonam National Highways Road Project,

National Highways Authority of India (NHAI), Thanjavur.

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J.NISHA BANU , J.

and

S.SRIMATHY, J.

ps

ORDER MADE IN

W.P(MD)No.4448 of 2025

DATED : 24.03.2025

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