P.K.Rajendran v. The Divisional Engineer (Highways)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:21.03.2025 Coram:

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.11743 of 2025 P.K.Rajendran, S/o P.N.Kuppusamy Mudaliar, 5/578, Komutte Street, Kadaladi & Post, Kalasapakkam T.K., Tiruvannamalai District.

.. Petitioner /versus/ 1.The Divisional Engineer(Highways), Construction and Maintenance, Tindivanam Road, Tiruvannamalai, Thiruvannamalai District.

2.The District Collector, Thiruvannamalai District, Thiruvannamalai.

3.The Tahsildar, KalasapakkamTaluk, Thiruvannamalai District.

4.The Block Development Officer, Kalasapakkam Union, Thiruvannamalai District.

.. Respondents 1/6

Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents not to demolish the drainage and to make any construction of pillars in the drainage/canal for the purpose of bus shelter in front of the petitioner's house and commercial building situated at No.5/578, Komutte Street, Kadaladi, KalasapakkamTaluk in Survey No.777 and 778.8B.

For Petitioner :Mr.R.Govindasamy For Respondents :Mr.S.SenthilMurugan, Spl.GP For R1 to R4 -----

ORDER

This writ petition has been filed directing the respondents not to demolish the drainage and to make any construction of pillars in the drainage/canal for the purpose of bus shelter in front of the petitioner's house and commercial building situated at No.5/578, Komutte Street, Kadaladi, Kalasapakkam Taluk in S.Nos.777 and 778/8B.

2.The grievance of the petitioner is that when the bus shelter is newly located, for laying the rear side pillar the drainage canal is cut open and it is being built in the drainage canal. The following picture will demonstrate the grievance of the petitioner. It can be seen that the drainage canal was being cut open for the purpose of the erection of bus stop.

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3. When the matter came up for hearing, the learned Special Government Pleader appearing on behalf the respondents submitted that it is true that the drainage canal was cut open, however, later on the mistake was realised and now the pillar itself is located only adjacent to the canal and the portion that is cut open will be again closed and it will be maintained and no pillar will be there inside the drainage canal. The corrective action now taken will be clear from the following picture that is now produced by the learned Special Government Pleader.

4. Therefore, recording the submissions made on behalf of the respondents 4/6

that no pillar will be laid in the drainage canal and the drainage canal will not be interfered in any manner for the construction of the bus shelter. This writ petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

21.03.2025 ari To 1.The Divisional Engineer(Highways), Construction and Maintenance, Tindivanam Road, Tiruvannamalai, Thiruvannamalai District.

2.The District Collector, Thiruvannamalai District, Thiruvannamalai.

3.TheTahsildar, KalasapakkamTaluk, Thiruvannamalai District.

4.The Block Development Officer, Kalasapakkam Union, Thiruvannamalai District.

D.BHARATHA CHAKRAVARTHY,J.

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ari and W.M.P.No.11743 of 2025 21.03.2025 6/6