Mayiladuthurai Chamber Of Commerce, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2024 CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Mayiladuthurai Chamber of Commerce (Registration No.37/2006) Rep. by its President, C.Senthivel No.51 A and B (No.178), No.2, Road Koorainadu Mayailaduthurai - 609001.
.. Petitioner Vs 1 The District Collector District Collectorate Nagapattinam District.
2 The Commissioner Mayiladuthurai Municipality Chinnakadai Street Mayiladuthurai - 609001 Nagapattinam District.
3 The Executive Engineer Mayiladuthurai.
4 The Government of Tamil Nadu rep. by its Secretary Municipal Administration and Water Supply Department Fort St. George, Chennai.
5 The Government of Tamil Nadu rep. by its Secretary Rural Development and Panchayat Raj Department Fort St.George, Chennai.
(R4 and R5 suo-motu impleaded as per order dated 7.2.2020) 6 The Secretary Fort St.George, Chennai.
(R6 suo-motu impleaded as per order dated 25.2.2020) .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 2nd and 3rd Respondents and their officials to inspect the Pattamangalam Street, Mayilalduthurai Town based on the representation given by the petitioner dated 08.11.2019 and relay the street only after scrapping and levelling the existing road so that the height of the street will not increase than that of the basic height of the shops and houses situate in the Pattamangalam Street, Mayilalduthurai Town.
For the Petitioner : Mr.A.Veerasamy For the Respondents : Mr.Habeeb Rahman Government Advocate for respondents 4 and 5 : Mr.M.Venugopal for 2nd respondent
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Heard Mr.A.Veerasamy, learned counsel for the petitioner; Mr.M.Venugopal, learned counsel for the second respondent; and Mr.Habeeb Rahman, learned Government Advocate appearing on behalf of respondents 4 and 5.
2. The petitioner has filed this writ petition seeking issuance of a writ of mandamus commanding the respondents 2 and 3 and their officials to inspect the Pattamangalam Street, Mayilalduthurai Town based on the representation given by the petitioner dated 08.11.2019 and relay the street only after scrapping and levelling the existing road so that the height of the street will not increase than that of the basic height of the shops and houses situate in the Pattamangalam Street, Mayilalduthurai Town.
3. More than four years have elapsed since the petitioner submitted the representation seeking re-laying of road. Way back
on 24.2.2020, the second respondent has filed a counter affidavit stating that administrative sanction for the aforesaid work was accorded by the government on 18.10.2019 and works of picking of B.T.Surface and removal of the same and levelling the road are included in the said estimate. Therefore, at this belated stage, we do not find any reason to pass orders in this writ petition.
4. The writ petition is disposed of, with liberty to the petitioner to approach the authorities concerned, if any grievance on the subject-matter still subsists. There shall be no order as to costs. (R.M.D., ACJ.) (M.S.Q., J.) 01.07.2024 Index :
Yes/No NC :
Yes/No sasi
To:
1 The District Collector District Collectorate Nagapattinam District.
2 The Commissioner Mayiladuthurai Municipality Chinnakadai Street Mayiladuthurai - 609001 Nagapattinam District.
3 The Executive Engineer Mayiladuthurai.
4 The Secretary Municipal Administration and Water Supply Department Fort St. George, Chennai.
5 The Secretary Rural Development and Panchayat Raj Department Fort St.George, Chennai.
6 The Secretary Fort St.George, Chennai.
THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
(sasi) 01.07.2024