S.R.Sabapathy v. The Additional Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE J. SATHYA NARAYANA PRASAD WMP.No.9344 of 2025 S.R.Sabapathy .. petitioner vs 1.The Additional Chief Secretary Department of Rural Development and Panchayat Raj Secretariat, Chennai - 9.

2.The Commissioner Department of Rural Development and Panchayat Raj Panagal Malikai Saidapet Chennai - 15.

3.The Director Department of Rural Development and Panchayat Raj Panagal Malikai Saidapet Chennai - 15.

4.The District Collector Namakkal District Namakkal - 637 001.

5.The Project Director Department of Rural Development Agency Namakkal District Office, Namakkal - 637 003. 6.The Project Officer District Rural Development Agency 1/9

Namakkal District Office Namakkal - 637 003.

7.The District Revenue Officer Collectorate Tiruchengode Road Namakkal - 637 003.

8.The Block Development Officer Panchayat Union Office Rasipuram - 637 408.

9.The Executive Engineer District Rural Development Agency Namakkal Collector Office Campus Namakkal - 637 003.

10.The Assistant Executive Engineer District Rural Development Agency Rasipuram Taluk Rasipuram - 637 408 11.The Assistant Engineer District Rural Development Agency Rasipuram Taluk Rasipuram - 637 408 12.The Assistant Director of Survey & Land Records Office of the Assistant Director of Survey and Land Records Collectorate, Namakkal 13.The Tahsildar Rasipuram - 637 408 14.The contractor Public Works Department & Highways Department Singalandapuram Rasipuram Taluk Namakkal - 637 401.

... Respondents 2/9

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents to lay the road as per the road width in land record and as per detailed project report (DPR) approved in PMGSY in S.No.66/1 and to effect the direction given by the 2nd respondent vide communication dated 28.01.2025 bearing No.4043/2025/Sa.Ma.Pa.1, 2 and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner : Mr.S.Subashiny For Respondents : M/s.R.L.Karthika, GA for R1 to R7 and R9 to R13.

M/s.C.Meena Arumugam, AGP for R8.

O R D E R

This writ petition has been filed to direct the respondents to lay the road as per the road width in land record and as per detailed project report (DPR) approved in Prathan Mandri Grama Sadath Yojana (PMGSY) in S.No.66/1 and to effect the direction given by the 2nd respondent vide communication dated 28.01.2025 bearing No.4043/2025/Sa.Ma.Pa.1, 2.

2. The learned counsel for the petitioner would submit that the 2nd respondent sent communication dated 24.01.2025 to the 4th respondent/District Collector directing the Project Director, District Rural 3/9

Development Agency and the Executive Engineer jointly in the presence of the petitioner to conduct inspection and survey the land and outcome of the same has to be informed to the petitioner and copy of the inspection carried out in the presence of the petitioner shall be submitted to the 2nd respondent. The learned counsel further submitted that the petitioner made a representation dated 23.01.2025 requesting the respondents 3, 4, 6, 8, 9 and 13 to take appropriate action to ensure that the culvert is constructed as per plan.

3. In response to the petitioner's representation dated 23.01.2025, the 8th respondent had issued a reply dated 24.01.2025 addressed to the 13th respondent/Tahsildar thereby bringing it to the notice of the Project Director, District Rural Development Agency and the Tahsildar to clear the road, that is now being laid and to consider his representation and to provide details regarding action taken in this regard.

4. The learned counsel would further submit that in complete contravention to the directions passed by the 2nd and 8th respondents, the 14th respondent had been continuing with the road laying work without even 4/9

conducting survey as per the directions of the 2nd respondent/Commissioner and 8th respondent/Block Development Officer.

5. The learned Government Advocate appearing for the respondents submitted that the representation of the petitioner dated 23.01.2025 to the respondents 3, 4, 6, 8, 9 and 13, the same will be considered after conducting detailed enquiry and inspection and appropriate orders will be passed on merits and in accordance with law within the stipulated time fixed by this Court.

6. Heard the learned counsel appearing on either side and perused the materials available on record.

7. The 13th respondent shall conduct survey and inspection of the road along with the respondents 8 to 11, after giving due notice to the petitioner and to the 14th respondent and after affording an opportunity of personal hearing and to consider the documents submitted by the parties on merits and in accordance with law and to pass orders within a period of six weeks from the date of receipt of a copy of this order. 5/9

8. With the above observation and directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

11.03.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh To 1.The Additional Chief Secretary Department of Rural Development and Panchayat Raj Secretariat, Chennai - 9.

2.The Commissioner Department of Rural Development and Panchayat Raj Panagal Malikai Saidapet Chennai - 15.

3.The Director Department of Rural Development and Panchayat Raj Panagal Malikai Saidapet Chennai - 15.

4.The District Collector Namakkal District Namakkal - 637 001.

5.The Project Director 6/9

Department of Rural Development Agency Namakkal District Office Namakkal - 637 003.

6.The Project Officer District Rural Development Agency Namakkal District Office Namakkal - 637 003.

7.The District Revenue Officer Collectorate Tiruchengode Road Namakkal - 637 003.

8.The Block Development Officer Panchayat Union Office Rasipuram - 637 408.

9.The Executive Engineer District Rural Development Agency Namakkal Collector Office Campus Namakkal - 637 003.

10.The Assistant Executive Engineer District Rural Development Agency Rasipuram Taluk Rasipuram - 637 408 11.The Assistant Engineer District Rural Development Agency Rasipuram Taluk Rasipuram - 637 408 12.The Assistant Director of Survey & Land Records Office of the Assistant Director of Survey and Land Records Collectorate, Namakkal 13.The Tahsildar Rasipuram - 637 408 7/9

14.The contractor Public Works Department & Highways Department Singalandapuram Rasipuram Taluk Namakkal - 637 401.

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J. SATHYA NARAYANA PRASAD , J.

tsh 11.03.2025 9/9