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Madras High CourtWP/14352/2019disposed of

G.K.Vijayakumar v. The District Collector

2019-05-17Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.05.2019

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.14352 of 2019 G.K.Vijayakumar

...Petitioner

Versus

1.The District Colloctor, Collectorate Building, Coimbatore - 641 018.

2.The Chief Engineer, Highways Department, Tamilnadu State Highways, NABARD and Rural Roads, Block - H1, 3rd Floor, SIDCO Electronics Complex, Guindy, Chennai - 600 032.

3.The Superintending Engineer, Highways Department, Tamilnadu State Highways, Salem Circle, NABARD and Rural Roads, Nattanmai Kattida Valagam, Salem - 636 001.

4.The Divisional Engineer, Highways Department, Tamilnadu State Highways, NABARD and Rural Roads, 1661, Trichy Road, Coimbatore - 641 018.

...Respondents

Prayer : Petition under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 2 to 4 to consider and pass orders on the petitioner's representation dated 11.02.2019, seeking implementation of bridge alignment only as per Scheme Road 'AA' now 'BB' in the Vilankurichi Detailed Development Plan No.9. For Petitioner::

Mr.A.P.Sathya Moorthy For Respondents::

Mr.J.Ramesh, Additional Government Pleader

O R D E R

The writ petition has been filed seeking a mandamus to consider and pass orders on the representation given by the

petitioner which was dated 11.02.2019 with respect to implementation of bridge alignment in Vilankurichi Detailed Development Plan No.9 in Scheme Road 'AA' now 'BB'.

2. According to the writ petitioner, the respondents are constructing a road over bridge at Level crossing - 6 [LC-6] between Peelamedu and Singanallur railway stations on Vilankurichi/ Thaneer Pandhal road, Coimbatore. The petitioner claims that the respondents have not considered the Scheme road 'AA' in Vilankurichi Detailed Development Plan No.9 for expansion.

3. The petitioner had filed an earlier writ petition in W.P.No.22417 of 2018 again in the nature of mandamus. A direction was given to maintain status quo in WMP.No.26272 of 2018. The petitioner had also filed a Contempt Petition in Cont.P.No.42 of 2019 against the respondents. Now pending the writ petition a representation has been given by the petitioner herein.

4. Mr.J.Ramesh, Additional Government Pleader takes notice for the respondents.

5. The scope of the petition being quite limited and since the respondents are under the obligation to consider the representation, this court is not expressing any view on the merits of the representation or of other claims made by the petitioner. The respondents are directed to pass necessary orders after following the procedure and in the interest of natural justice by giving full opportunity to the petitioner and to any other person on the representation dated 11.02.2019 within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dsa/sli

To 1.The District Colloctor, Collectorate Building, Coimbatore - 641 018.

2.The Chief Engineer, Highways Department, Tamilnadu State Highways, NABARD and Rural Roads, Block - H1, 3rd Floor, SIDCO Electronics Complex, Guindy, Chennai - 600 032.

3.The Superintending Engineer, Highways Department, Tamilnadu State Highways, Salem Circle, NABARD and Rural Roads, Nattanmai Kattida Valagam, Salem - 636 001.

4.The Divisional Engineer, Highways Department, Tamilnadu State Highways, NABARD and Rural Roads, 1661, Trichy Road, Coimbatore - 641 018.

+1cc to Mr.A.P.Sathyamurthy, Advocate, S.R.No. 44038 +1cc to the Government Pleader, S.R.No. 44125 W.P.No.14352 of 2019 BR(CO) GN(21/05/2019)