P.Andiyappan v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.01.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Andiyappan .. Petitioner vs 1.The District Collector, Room No.101, First Floor, Collectorate, Salem-636 001.
2.The Highways Department, rep. by its Director General, 76, Sardar Patel Road, Guindy, Chennai-25.
3.The Divisional Engineer, NABARD and Rural Roads Wing, Kuranguchavadi, Omalur Main Road, Salem-636 004.
4.The President, Kottakoundampatty Panchayat, Omalur Circle, Salem District.
5.The Principal Secretary to the Government of Tamil Nadu, Secretariat, Chennai-9.
.. Respondents [Respondent No.5 suo motu impleaded vide order dated 13.10.2020] Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to completely scrape and remove the road passing through Annai Goundampatti Village as part of the Engineering College to Suramangalam-Omalur Road before re laying so as to ensure that the height of the road does not increase.
For the Petitioner : Mr.A.Yogeshwaran For the Respondents : Mr.K.Karthik Jagannath Government Advocate
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.A.Yogeshwaran, learned counsel for the petitioner and Mr.K.Karthik Jagannath, learned Government Advocate for the respondents.
2. Learned counsel for the petitioner submits that the
respondents lay down the road without scraping, thereby increasing the height of the road, because of which water enters the houses of petitioner and other persons during rainy reason. The houses get flooded. The respondent authorities cannot lay down the road without scraping.
3. Learned Government Advocate submits that a Circular has been issued by the Chief Secretary, Government of Tamil Nadu, directing that whenever roads are laid, proper milling should be done so that the height of the road does not increase.
4. The respondent authorities may look into the grievance of the petitioner.
5. In the light of that, the writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.16991 of 2020 is closed.
(S.V.G., CJ.) (D.B.C., J.) 19.01.2024 Index :
Yes/No Yes/No bbr
To 1.The District Collector, Room No.101, First Floor, Collectorate, Salem-636 001.
2.The Director General, 76, Sardar Patel Road, Guindy, Chennai-25.
3.The Divisional Engineer, NABARD and Rural Roads Wing, Kuranguchavadi, Omalur Main Road, Salem-636 004.
4.The President, Kottakoundampatty Panchayat, Omalur Circle, Salem District.
5.The Principal Secretary to the Government of Tamil Nadu, Secretariat, Chennai-9.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr 19.01.2024