J.Murali v. The District Collector Cum Chairman Governing Body
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.02.2025
CORAM
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and WMP.No.7848 of 2025 J.Murali ... Petitioner vs.
1. The District Collector-cum-Chairman Governing Body, District Rural Development Agency, Thiruvallur District, Thiruvallur.
2. The Block Development Officer, Poondi Panchayat Union, Poondi, Thiruvallur District.
3. The Assistant Engineer, Rural Developement and Panchayat Raj, Poondi Panchayat Union, Poondi, Thiruvallur District.
4. M/s.ABL Constructions, Thirukkananjeri, Thiruvallur. .. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents to laid the Senrayanpalayam to Kammavarpalayam Road as per the specification and Page No.1 of 6
further direct the official respondents 1 to 3 to ensure the work done by the 4th respondent.
For Petitioner : M/s.S.Sivakumar For R1 to R3 : Mr.N.Navinkumar Govt.Advocate
ORDER
By consent of both the parties, the Writ Petition is taken up for final disposal at the admission stage itself.
2. The present writ petition has been filed to direct the respondents to laid the Senrayanpalayam to Kammavarpalayam Road as per the specification and further direct the official respondents 1 to 3 to ensure the work done by the 4th respondent.
3. It is the case of the petitioner that he is a farmer and owning agriculture land in S.No.52/1A, 1B, 1C, 1D, 2And 89/3A to an extent of 3.14 Acres, Senrayanpalayam Village, Thiruvallur Taluk and District vide Patta No.1427 and 1615 respectively and the petitioner cultivating the Page No.2 of 6
said land by planting seasonal crops in Mango Groves. It is mentioned that the petitioner land is situated abutting to the Senrayanpalayam to Kammavarpalayam Road and he surveyed the land recently on 06.11.2024 and as per the boundary stone, the petitioner fully fenced his land. The respondents 1 to 3 are the implementing authority and they called for the tender and the 4th respondent is the successful bidder and the work was alloted to them to laying the road to an extent/length of 3.450 kms.with 4 culverts.
4. It is pertinent to mention that as per specification the width of the road is 6 meters ( 3.75 Meter black tap and 1.25 meters mud road on either side (12 feet BT and 4 feet Mud Road) and to that effect the respondents also installed the board in the site. However, the 4th respondent contractor attempting to laid the road in front of the petitioner land only to an extent /width of 5 meters instead of 8 meters in order to help the other side land owner. Moreover, the petitioner made a fencing to his land and the 4th respondent has not provided he 4 feet mud road as per the specification on the eastern side of the road. The 4th respondent failed to visualize the ground reality and whereas they wanted to help the Page No.3 of 6
land owner and to minimize the expenditure. Since the 4th respondent provided the mud road on only one side namely on the western side in order to help the owner who owning the property in S.Nos.87 and 89, but the 4th respondent is not interested to complete the road work. Hence, the petitioner sent a representation dated 25.02.2025 to the first respondent and the same is pending. Hence, the petitioner has filed the present writ petition.
5. The learned counsel appearing for the petitioner submitted that the second respondent shall lay the thar road after making appropriate measurements and shall ensure that 4 ft mud road is laid on the both sides of the thar road abutting the petitioner's property.
6. The learned Government Advocate appearing for the respondents 1 to 3 submitted that the second respondent, Block Development Officer will conduct an enquiry and orders will be passed on merits within a time frame that may be fixed by this Court.
7. Heard the learned counsel appearing on either side and also perused the materials available on records.
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8. In view of the above submissions made by the learned counsel on either side, the second respondent is directed to conduct field inspection and also to survey the road after giving due notice to the petitioner as well as the 4th respondent, affording an opportunity of personal hearing, on merits, in accordance with law and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order.
This writ petition stands disposed of with the above directions, No costs. Consequently, connected miscellaneous petition is closed. 27.02.2025 Index : Yes/No.
Internet : Yes/No.
Speaking : Non-speaking Order kkd Page No.5 of 6
J.SATHYA NARAYANA PRASAD,J.
kkd To
1. The District Collector-cum-Chairman Governing Body, District Rural Development Agency, Thiruvallur District, Thiruvallur.
2. The Block Development Officer, Poondi Panchayat Union, Poondi, Thiruvallur District.
3. The Assistant Engineer, Rural Developement and Panchayat Raj, Poondi Panchayat Union, Poondi, Thiruvallur District.
27.02.2025 Page No.6 of 6