L.T.A.Peter Rayan, Former v. The State Of Tamil Nadu Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.08.2017 CORAM :
The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.SUNDAR W.P. No.22015 of 2017 L.T.A. Peter Rayan, Former Deputy Secretary to the Government of Tamil Nadu, No.6, Nagalakshmi Salai, Thiruchendur Nagar, Old Pallavaram, Chennai-117.
.. Petitioner Vs.
1.The State of Tamil Nadu, represented by its Secretary to Government, Municipal Administration and Water Supply, Fort St. George, Secretariat, Chennai-9.
2.Director of Municipal Administration, Chennai-600 005.
3.The Commissioner of Municipalities, Chepauk, Chennai-600 005.
4.The District Collector, Kancheepuram District, 5.The Commissioner, Pallavaram Municipality, Chromepet, Chennai-600 044.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the fifth respondent to take action on representation dated 6.5.2016 and 15.5.2017 and provide sewerage facility, topping up of road in the left over part of Nagalakshmi Salai and remove the wild trees and thorny bushes in and around Nagalakshmi Salai and provide basic amenities to enable the public residing in and around western dead end of Nagalakshmi Salai, Tiruchendur Nagar, Old Pallavaram, Chennai-600 117 to live with human dignity.
For Petitioner : Mr.L.P.Maurya For Respondents: Ms.Vasudha Thiyagarajan, AGP for RR1 to 4 Mr.P.Srinivas for R-5 - - - -
ORDER
(Order of the Court was made by M.Sundar, J.) This writ petition has been filed as a Public Interest Litigation by a local resident of Tiruchendur Nagar, old Pallavaram, Chennai-600 117. The prayer in the instant writ petition pertains to certain civic amenities, which according to the writ petitioner have not been provided by the fifth respondent municipality.
To be precise, the prayer talks about (a) sewage facility, (b) topping up of road in the left over part of Nagalakshmi Salai, (c) removal of wild trees and thorny bushes in and around Nagalakshmi Salai and (d) provision of basic amenities to residents in and around western dead end of Nagalakshmi Salai.
Ms.Vasudha Thiyagarajan, learned Additional Government Pleader, accepts notice on behalf of the respondent Nos.1 to 4. Mr.P.Srinivas, learned Standing Counsel for Pallavaram Municipality accepts notice on behalf of respondent No.5.
The matter was heard for some time.
Learned Additional Government Pleader for respondent Nos.1 to 4 and learned Standing Counsel for respondent No.5 Municipality jointly make a submission before us today that funds for the above said work, i.e., provision of civic amenities and the other allied works as set out supra, have been allocated and that the same have been disbursed by the State Government to respondent No.5 Municipality on 11.8.2017. It is also the specific submission of both the aforesaid counsel for respondents that the entire work as set out supra would be completed within a time frame of six months, i.e., on or before 11.02.2018. It is also submitted that the entire work shall be so completed to the satisfaction of respondent No.4, namely, District Collector, Kancheepuram District, The above submissions are recorded and all the respondents shall remain bound the recorded submissions. There are certain specific allegations against the officials of respondent No.5. In the light of the fact that we
are disposing of this writ petition at the admission stage, considering the fact that it pertains to provision of civic amenities and also in the light of the stand taken by the aforesaid two learned counsel for the respondents, we refrain from expressing any opinion on the allegations. In the light of the submissions made by the learned counsel for the respondents that have been recorded supra, no further orders are required in this writ petition. This writ petition is disposed of. No costs.
Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar vvk To 1.The Secretary to Government, The State of Tamil Nadu, Municipal Administration and Water Supply, Fort St. George, Secretariat, Chennai-9.
2.Director of Municipal Administration, Chennai-600 005.
3.The Commissioner of Municipalities, Chepauk, Chennai-600 005.
4.The District Collector, Kancheepuram District, 5.The Commissioner, Pallavaram Municipality, Chromepet, Chennai-600 044.
+1cc to Government Pleader sr.59923 +1cc to Mr.L.P.Maurya,Advocate sr.60272 +1cc to Mr.P.Srinivas,Advocate sr.59823 W.P.No.22015 of 2017 pa(co) ss(6/9/2017)