V.S.Suresh v. National Highways Authority
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.12.2017
CORAM
The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No.30386 of 2017 V.S.Suresh .. Petitioner vs.
1.National Highways Authority of India, rep. by the Deputy General Manager and Project Director, PIU Krishnagiri, No.259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri (Tamil Nadu) - 635 001.
2.The Chief Secretary, Government of Tamilnadu, Fort St. George, Chennai.
3.National Highways Authority of India, rep. by its Project Director, Sri Tower, 3rd Floor, D P-34, SP Industrial Estate, Guindy, Chennai - 600 032.
4.The Secretary to Government of Tamil Nadu, Highways & Minor Ports Department, Fort St. George, Secretariat, Chennai - 600 009.
5.The Commissioner, Chennai Corporation, Ripon Building, Chennai - 600 003.
.. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents to take steps in a war footing manner to inspect urgently the entire stretch and also to repair the National Highways (NH4) from Poonamalle Sub Court till Sangam theatre in Poonamallee High Road upto Central Railway Station immediately in the interest of public.
For Petitioner : Mr.V.Raghupathy For Respondents : Mr.P.Wilson Senior Counsel for M/s.P.Wilson Associates for respondent Nos.1 & 3 Mr.T.N.Rajagopalan Government Pleader (i/c) for respondent Nos.2 & 4
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) Mr.P.Wilson, learned Senior Counsel for M/s.P.Wilson Associates accepts notice on behalf of respondent Nos.1 and 3.
2. Mr.T.N.Rajagopalan, learned Government Pleader (incharge) accepts notice on behalf of respondent Nos.2 & 4.
3. This writ petition has been filed seeking orders on the respondents to take steps in a "war footing manner" to inspect urgently the entire stretch and also to repair the National Highways (NH4) from Poonamallee Sub Court till Sangam theatre in Poonamallee High Road upto Central Station forthwith and to repair the same forthwith.
4. From the documents annexed to the writ petition and in particular Letter No.NHAI/PICKrishnagiri/GRIEVANCES/2017/1944, dated 17th October 2017 from the Deputy General Manager (Tech) & Project Director, PIU, Krishnagiri, as also the Letter No.NHAI/11013/19/2009/Chennai (PC)/2342, dated 23rd October 2017 from the Project Director, PIU-Chennai, it appears that steps have already been taken. Tenders were invited for an amount of Rs.13.37 Crore. The last date of submission of tender was 07.11.2017. The work will commence immediately upon the approval of the bid and upon signing of the agreement at the earliest. It also appears that there were breaches committed by the previous contractor.
5. Since steps have already been initiated, no order needs to be passed in this writ petition. However, considering the inconvenience of the public, it is expected that the authorities concerned will take immediate steps for restoration and repair of the road in question.
5. The writ petition is disposed of with the above observation Sd/- Asst.Registrar (CS IX ) /true copy/ Sub Asst. Registrar bbr To:
1.The Deputy General Manager and Project Director, National Highways Authority of India, PIU Krishnagiri, No.259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri (Tamil Nadu) - 635 001.
2.The Chief Secretary, Government of Tamilnadu, Fort St. George, Chennai.
3.The Project Director, National Highways Authority of India, Sri Tower, 3rd Floor, D P-34, SP Industrial Estate, Guindy, Chennai - 600 032.
4.The Secretary to Government of Tamil Nadu, Highways & Minor Ports Department, Fort St. George, Secretariat, Chennai - 600 009.
5.The Commissioner, Chennai Corporation, Ripon Building, Chennai - 600 003.
+ 1 cc to Mr.V.Raghupathy, Advocate,SR.86452 + 1 cc to M/s.P.Wilson Associates Advocate,SR.86560 + 1 cc to The Govt.Pleader, SR.86560 W.P.No.30386 of 2017 nr 19/12/2017