Traffic Dr.K.R.Ramaswamy, v. The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.28190/2017 and WMP.No.30324/2017 Traffic Dr. K.R.Ramaswamy ... Petitioner Vs

1. The Chief Secretary, Government of Tamil Nadu, St. George Fort, Chennai-9.

2. The Home Secretary, Government of Tamil Nadu, St. George Fort, Chennai-9.

3. The Secretary, Health and Family Welfare Department, Government of Tamil Nadu, St. George Fort, Chennai-9.

4. The Secretary, Public Works Department (Highways), Government of Tamil Nadu, St. George Fort, Chennai-9.

5. The Secretary, Transport Department, Government of Tamil Nadu, St. George Fort, Chennai-9.

6. The Commissioner, Corporation of Chennai, Rippon Building, Chennai-3.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider and pass appropriate orders on the representation dated 31.10.2017 sent by the petitioner through E.mail and Fax to the respondents and take necessary action against 4th and 6th Respondents officials and

also furnish the account details of money which were spent for maintain and restoration clearing work of the rain storm water drainage system.

For Petitioner : No appearance For Respondents : Mr.E.Manoharan, Addl. Govt.Pleader for R1 to 5 Mr.V.C.Selvasekaran for R6

ORDER

(Order of the Court was made by K.KALYANASUNDARAM, J.) The present Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents 1 to 6 to consider and pass appropriate orders on the representation dated 31.10.2017 sent by the petitioner through E.mail and Fax to the respondents.

2.

When the matter is called today, there is no representation for the petitioner.

3.

Mr.E.Manoharan, learned Additional Government Pleader appearing for the respondents 1 to 5 submitted that the writ petition has been filed based on a Newspaper Report. It is further submitted that the respondents have been allocating funds to Public Works Department to carry out to maintain the water canals properly. Therefore, the writ petition has to be dismissed.

4.

Mr.V.C.Selvasekaran, learned Counsel appearing for the 6th respondent Corporation submitted that Greater Chennai Corporation is maintaining 7351 numbers of storm water drains to a total length of 1894 km in their territorial jurisdiction and these storm water drains are cleaned and de-silted every year before the onset of monsoon to ensure free flow of rain water. He further submitted that during 2017, the Greater Chennai Corporation has convened pre-monsoon preparedness meeting on several dates with all the departments on the measures taken by all the departments that may arise during the monsoon 2017. 5.

Considering the submissions made by the learned Additional Government Pleader appearing for the respondents 1 to 5 and the learned Counsel for the 6th respondent Corporation, we are of the view that the Greater Chennai Corporation has already drawn up District Disaster Management Plan for dealing with any impacts of the monsoon in the year 2017 and has taken all measures to meet the monsoon during 2017. That apart, though the petitioner has filed the writ petition based on the Newspaper Report, no substantive materials have been furnished besides the

fact that the incident mentioned in the writ petition relates to the year 2017. Therefore, nothing survives in the writ petition. 6.

In the result, the Writ Petition fails and the same is accordingly dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-IX) // True Copy// Sub Assistant Registrar tsi To

1. The Chief Secretary, Government of Tamil Nadu, St. George Fort, Chennai-9.

2. The Home Secretary, Government of Tamil Nadu, St. George Fort, Chennai-9.

3. The Secretary, Health and Family Welfare Department, Government of Tamil Nadu, St. George Fort, Chennai-9.

4. The Secretary, Public Works Department (Highways), Government of Tamil Nadu, St. George Fort, Chennai-9.

5.The Secretary, Transport Department, Government of Tamil Nadu, St. George Fort, Chennai-9.

6. The Commissioner, Corporation of Chennai, Rippon Building, Chennai-3.

W.P.No.28190/2017 SPD(CO) RMP(25/09/2018)