Arul v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2025 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.1451 of 2025 and W.M.P. No.1696 of 2025 Arul ..

Petitioner Vs.

1.The District Collector, Kallakurichi District, Kallakurichi-606 202.

2.The Divisional Engineer, Kallakurichi Division, Highways Department, Nabard and Rural Roads Office, Gandhi Road, Raja Nagar, Kallakurichi, Kallakurichi District-606 202.

..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the 1 st and 2nd Respondents to take immediate steps to stop raising of the height of the village road stretch from Parindal Village via Thiruppeyar to Kallakurichi District by considering my representation dated 09.01.2025 and 10.01.2025.

For Petitioner :

Mr.C.Prabhu for Mr.S.Rajanbabu For Respondents :

Mr.A.Edwin Prabakar State Government Pleader Assisted by Mr.M.Habeeb Rahman Government Advocate

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Petitioner's grievance primarily is that, by increasing the height of the road being re-surfaced/re-laid/repaired, rain water would get drained into the houses or shops which are abutting the road. It is a very justified apprehension petitioner has.

2. Shri Prabakar, in fairness, agrees that the authority would ensure that it does not happen. He further states that he will advise the authorities.

3. We hereby direct those authorities to ensure that there is a drainage/gutter along the road inside every village, so that, during monsoon, water gets drained out without any impediments.

4. Mr.Prabakar, states that at Page 6, as also in Page 10, of the typed set, there are gutters already available and where they are not available, those gutters will be laid and work completed before or along with completion of the road. Statement made by Mr.Prabakar is accepted as an undertaking to the Court.

5. Petition is disposed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. (K.R.SHRIRAM, CJ) (MOHAMMED SHAFFIQ,J.) 06.03.2025 Index :

Yes/No :

Yes/No mka

To:

1.The District Collector, Kallakurichi District, Kallakurichi-606 202.

2.The Divisional Engineer, Kallakurichi Division, Highways Department, Nabard and Rural Roads Office, Gandhi Road, Raja Nagar, Kallakurichi, Kallakurichi District-606 202.

THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.

(mka) 06.03.2025