Nithya v. The State Of Tamil Nadu Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.15533 of 2020
1. Nithya
2. Murugammal Sriram
3. R.Hariharan
4. Karthik B
5. Kartik V.V
6. R.Nalini
...Petitioners
.Vs.
1. The State of Tamil Nadu rep. by its Secretary Municipal Administration and Water Supply Department Secretariat, Fort St. George Chennai 600 009.
2. The Greater Corporation of Chennai rep. by its Special Officer and Commissioner Ripon Buidings, No.1131, EVR Periyar Salai Park Town, Chennai 600 003.
3. The Special Officer Standing Committee and Council Ripon Buidings, No.1131, EVR Periyar Salai Park Town, Chennai 600 003.
4. The Superintending Engineer Park & Playfield Department Greater Chennai Corporation Ripon Buidings, No.1131, EVR Periyar Salai Park Town, Chennai 600 003.
5. The Zonal Officer Zonal Office-11, 33, Arcot Road Valasaravakkam, Chennai 600 087.
6. M.Mullaimalar
...Respondents
Prayer: Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 to 5 to enquire the petitioner's representation dated 23.09.2019 and take back the maintenance and improvement works of the Skating Rink court situate at Zone No.11, Division No.151, located in TCG Park, Porur, forthwith, as contemplated in Rule 20 of the terms and conditions of the work order incorporated in fourth respondent's letter A.Tu.Na.Ka.No.A3/10444/2018 dated 25.02.2019 addressed to the fifth respondent at the time of entrusting the park to the sixth respondent, as the sixth respondent has violated the norms of the work order within the stipulated time. For Petitioners :
Mr.P.Thiagarajan For Respondents :
Mr.G.K.Muthukumar Special Govt. Pleader for respondent-1 Mr.R.Gopinath for respondents 2 to 5 Mr.AR.M.Arunachalam for respondent-6
ORDER
(Made by the Hon'ble Chief Justice) This petition is by busybodies seeking to interfere in a work order issued by the Corporation to a private party.
2. The matter relates to the construction of sporting facilities, including for tennis, badminton and skating. The petitioners do not find the work done to be of appropriate standard.
3. The Corporation has used a counter-affidavit.
4. Ordinarily, petitions of the present kind are not entertained even in public interest, unless there is something glaring. The Corporation does not appear to be dissatisfied with
the work undertaken by the contractor and, in such circumstances, the petitioners' grievance cannot be appreciated. It is not as if no work has been done. The petitioners probably expected work of a higher quality which may not have been in the contemplation of the Corporation even while awarding the contract. However, to the extent that the petitioners are citizens and are entitled to aspire for better conditions, the Corporation should make every endeavour to improve the conditions at the relevant complex.
5. W.P.No.15533 of 2020 is dismissed. There will be no order as to costs. As a consequence, WMP No.19389 of 2020 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kpl To
1. The Secretary Municipal Administration and Water Supply Department Secretariat, Fort St. George Chennai 600 009.
2. Special Officer and Commissioner The Greater Corporation of Chennai Ripon Buidings, No.1131, EVR Periyar Salai Park Town, Chennai 600 003.
3. The Special Officer Standing Committee and Council Ripon Buidings, No.1131, EVR Periyar Salai Park Town, Chennai 600 003.
4. The Superintending Engineer Park & Playfield Department Greater Chennai Corporation Ripon Buidings, No.1131, EVR Periyar Salai Park Town, Chennai 600 003.
5. The Zonal Officer Zonal Office-11, 33, Arcot Road Valasaravakkam, Chennai 600 087.
+1cc to Mr.AR.M.Arunachalam, Advocate, S.R.No.24923 +1cc to Mr.R.Gopinath, Advocate, S.R.No.24896 W.P.No.15533 of 2020 PL(CO) RN(11/06/2021)