A.R.Parvathy Rajmani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-03-2025
CORAM
THE HONOURABLE MR JUSTICE S.M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.Nos.4094 & 4099 of 2025
1. A.R.Parvathy Rajmani Rural Village President, Avalur Panchayat, Panchayat President, No.2/100, Brahminar Street, Via Ocheri, Kaveribakkam Rural, Nemili Taluk, Ranipet Taluk - 632531.
Appellant(s) Vs
1. The District Collector District Collectorate Building, Ranipet Taluk and District - 632401.
2.The Project Directory National Highway Authority of India,
(Ministry of Road Transport and Highways, Government of India), Plot No.20, 1st Floor, Pallavan Nagar Main Road, Maduravoyal, Chennai - 600095.
3.The Superintendent Of Police District Police Office, Ranipet District - 632401.
4.The Regional Officer National Highway Authority of India, Chennai - 600032.
5.The Team Leader SA Infrastructure Consultants Pvt. Ltd., Kanchipuram - 631501.
6.The Tahsildhar Taluk Office, Ranipet - 632401.
7.The Competent Authority and Special District Revenue Officer Vellore Taluk and District - 632001.
Respondent(s) PRAYER: Writ appeal filed under Clause 15 of the Letters Patent Act, to set aside the order passed in W.P. No.31841 of 2024 on dated 20.11.2024 and pass such other order.
For Appellant(s):
Mr.Pari Gopal For Respondent(s):
Mr.A.Selvendran Special Government Pleader for R1, R3, R6 & R7
JUDGMENT
(Judgment of the Court was made by S.M.Subramaniam J.) Under assail is the order dated 20.11.2024 passed in W.P.No.31841 of 2024.
2.
The appellant filed a writ of mandamus to direct the second respondent to consider the representation dated 19.08.2024 in order to implement the scheme of laying LVUP (Light Vehicle Under Pass) on behalf of local village person situate in Aavalur Village Panchayat, Kaveribakkam Rural, Nemili Taluk, Ranipet District - 632 531.
3.
Formation of National Highways road has been implemented by conducting thorough research by the experts. High Court not being an expert body need not necessarily interfere with the scheme or project proposed to be implemented. During research, various deliberations are made by the experts and in the event of interference, it will cause prejudice to the interest of the scheme by itself.
4.
Mr.Pari Gopal, the learned Counsel appearing on behalf of the appellant would submit that Light Vehicle Under Pass is to be provided nearby their village. They have to travel long distance for crossing the road. 5.
Such grievances if any, to be redressed only by the competent Authorities of the National Highways. High Court in exercise of the powers of judicial review cannot interfere with such research oriented schemes. 6.
The learned single Judge has made a finding based on the counter filed by the National Highways Authority / second respondent that one Light Vehicle Underpass is provided at Km 87+544 (Perumbulipakkam/Poigainallur) Junction at a distance of 1.581 Km from the requested location. One Light Vehicle Underpass is available at Km 90/082 (Kalathur Junction) at a distance of 0.95 km from the requested location towards Bangalore side. 7.
That being the findings made by the writ court, the present Writ Appeal deserves no merit consideration and consequently stands dismissed. No
costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.,J.) (K.R.S., J.) 03-03-2025 veda Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The District Collector District Collectorate Building, Ranipet Taluk and District - 632401.
2.The Project Directory National Highway Authority of India, (Ministry of Road Transport and Highways, Government of India), Plot No.20, 1st Floor, Pallavan Nagar Main Road, Maduravoyal, Chennai - 600095.
3.The Superintendent Of Police District Police Office, Ranipet District - 632401.
4.The Regional Officer National Highway Authority of India, Chennai - 600032.
5.The Team Leader SA Infrastructure Consultants Pvt. Ltd., Kanchipuram - 631501.
6.The Tahsildhar Taluk Office, Ranipet - 632401.
7.The Competent Authority and Special District Revenue Officer Vellore Taluk and District - 632001.
S.M.SUBRAMANIAM J.
AND K.RAJASEKAR J.
veda 03-03-2025