Madras High CourtWP/14973/2015disposed of

Dr.B.Mani, v. The Union Of India,

2015-06-19Honourable The Chief Justice,Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.No.14973 of 2015 Dr.B.Mani .. Petitioner -vs1.The Union of India Through Secretary to Government, Ministry of Railways, New Delhi.

2.The State of Tamilnadu, Rep. by its Secretary to Govt., State Highways, Fort St. George, Chennai.

3.The General Manager, Southern Railway, Chennai Central, Chennai.

4.The District Collector, Cuddalore District, Cuddalore.

5.The Divisional Engineer (Highways) Construction & Maintenance Cudalore.

6.The Municipal Commissioner, Panruti Municipality, Panruti, Cuddalore District.

7.The Divisional Engineer, National Highways, Chennai.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1st, 2nd and 3rd respondents to construct and erect the Road Over Bridges and other civil Works along the Highways and roads across the railway crossings in the State of Tamil Nadu as per the guidelines to be framed by the Honourable Court and more particularly the 3rd, 4th, 5th, 6th and 7th respondents at Manned Railway Level Crossing No.135A at 182/1/2 Rly Kms in Thiruthuraiyur-Panruti Line at Panruti across Chennai-Kumbakonam State Highway only after

preparing and notifying a definite scheme of execution of such works including a Designated Authority for Redress of Grievances of the affected public and causing wide publicity of such scheme amongst the local and affected populace in order to effectively educate them and seek their willing cooperation for successful and timely completion of such projects and further forbear them from undertaking or continuing such activities without complying the above directions and guidelines framed by this Court and without providing a designated authority to redress the grievances, if any, of affected and concerned persons. For Petitioner : Mr.T.Sundaranathan For Respondent : Mr.P.T.Ramkumar for RR 1 and 2 : Mr.V.R.Kamalanathan, Addl. Govt. Pleader for RR 2, 4 to 7

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) We have perused the plan produced by the Railways and the photographs, which show that diversion has been provided for and the work is expected to be completed in a couple of months by the Railways. Needless to say, when infrastructure is created, there is bound to be an element of inconvenience during the interrugnum period of time. We are, thus, of the view that no directions are called for. 2.However, while perusing the photographs produced by the Railways at page 5, we noticed a drainage canal close to the railway crossing no.135 which appears to be completely blocked. We call upon the learned Additional Government Pleader to instruct the 6th respondent to take remedial measures within one month of receipt of the order. 3.Writ petition, accordingly, stands disposed of. No costs.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar sra

To 1.The Secretary to Government, The Union of India Ministry of Railways, New Delhi.

2. The Secretary to Govt., The State of Tamilnadu, State Highways, Fort St. George, Chennai.