Madras High CourtWP/10991/2022dismissed

P.Manjula v. The Director

2022-04-27Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2022

CORAM:

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.NO.10991 OF 2022

1. Smt.P.Manjula

2. S.Vikraman

3. V.Shanmugam

4. P.Srinivas

5. Mrs.Ammu

6. Mrs.Y.Narmadha

7. K.Janardhanan .. Petitioners Vs.

1. The Director, Directorate of Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai-15.

2. The District Collector, Tiruvallur District, Tiruvallur.

3. The Project Director/Additional Collector, District Rural Development Agency, Tiruvallur District, Tiruvallur.

4. The Executive Engineer (R.D.), District Rural Development Agency, Tiruvallur District, Tiruvallur.

5. The Revenue Divisional Officer, Ponneri Revenue Division, Ponneri-601 204, Tiruvallur District.

6. The Tahsildar, Ponneri Talulk Office, Ponneri-601 204, Tiruvallur District.

7. The Block Development Officer, Sholavaram Panchayat Union, Sholavaram-600 067, Ponneri Taluk, Tiruvallur District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to carry out and construct a bridge across Kosasthalaiyar River at Karanodai to Seemavaram Road in Gnayiru Village Panchayat as per the proposal of the first respondent, vide Lr.No.22899/2020/TU1, dated 10.08.2021.

For petitioners : Mr.R.Munuswamy For respondents : Mr.P.Muthukumar, State Govt. Pleader

ORDER

(The Order of the Court was made by The Honourable Chief Justice) The Writ Petition has been filed to seek a direction on the respondents to construct a bridge across Kosasthalaiyar River at Karanodai to Seemavaram Road in Gnayiru Village Panchayat as per the proposal of the first respondent.

2. The Writ Petition has been filed on the apprehension for change of the location of the bridge. No document has been produced to re-locate the bridge and if it there, no ground to challenge the re-location of the bridge has been given. The construction of the bridge cannot be directed for the convenience of one or other, but it depends on multiple aspects, which may include the technical feasibility of the construction of the bridge. The decision to construct the bridge has already been taken for convenience of the villagers, and start and end point of the bridge, cannot be dictated by the petitioners. Even if initial decision was taken to construct the bridge as per the proposal, change of the decision is permissible on the technical advise if earlier location is not feasible.

3. All the above, issues cannot be addressed in this Writ Petition (Public Interest Litigation) and it has to be considered and decided only by the administrative authorities on technical advise.

4. The aforesaid prayer made by the petitioner cannot be accepted. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar cs/mrn To