V.Nandakumar, v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30..09..2015

CORAM

THE HON'BLE Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE Mr.JUSTICE T.S.SIVAGNANAM W.P. No.30735 OF 2015 V.Nandakumar ..Petitioner

Versus

1. The Chairman National Highway Authority of India, 5 & 6, Sector - 10, Dwaraka, New Delhi 110 075.

2. The Secretary, Ministry of Road Transport and National Highways, Transport Bhavan, 1, Parliament Street, New Delhi 110 001.

3. The Project Director, National Highways Authority of India, Old No.28/1, New No.51/2, 50 Feet Road, Krishnasamy Nagar, Gem Hospital Backside, Ramanathapuram, Coimbatore 641 045.

4. The Divisional Engineer National Highways, Coimbatore 641 018.

5. The Chief Secretary, Government of Tamil Nadu Fort St. George, Chennai.

6. The District Collector, Collector's Office, Coimbatore 641 018.

..Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, directing the respondents to complete the expansion of the road project NH-67 Narashimanaickenpalayam - Mettupalayam, within a time frame fixed by this Court.

For Petitioner :: No Appearance For Respondents :: Mr.Richardson for M/s.P.Wilson Associates for R.1, R.3 and R.4 Mr.Su.Srinivasan ASGI for R.2 Mr.S.T.S.Murthy - Government Pleader assisted by Mr.V.R.Kamalanathan AGP for R.5 and R.6

O R D E R

(Judgment of Court was made by The Honourable Chief Justice) Once again, an Advocate is a name lender to the Public Interest Litigation, something frowned upon by the Hon'ble Supreme Court in Dattaraj Nathuji Thaware vs. State of Maharashtra and Others reported in 2005(1)SCC-590. The construction of Highways and roads cannot be directed in a Public Interest Litigation as it involves budget allocation etc., and thus, we are not inclined to entertain the Public Interest Litigation.

2. We may however note that even as per the documents on record, the National Highways Authority of India is not concerned with the matter as it has been handed over to the State Highways Department of Government of Tamil Nadu.

3. Learned Government Pleader states that the process of award of tender is on and that may take about three months. The aforesaid submission is taken on record.

4. The writ petition stands accordingly dismissed. No costs. ksr Sd/- Assistant Registrar (CO) /True Copy/ Sub-Assistant Registrar

To

1. The Chairman, National Highway Authority of India, 5 & 6, Sector - 10, Dwaraka, New Delhi 110 075.

2. The Secretary, Ministry of Road Transport and National Highways, Transport Bhavan, 1, Parliament Street, New Delhi 110 001.

3. The Project Director, National Highways Authority of India, Old No.28/1, New No.51/2, 50 Feet Road, Krishnasamy Nagar, Gem Hospital Backside, Ramanathapuram, Coimbatore 641 045.

4. The Divisional Engineer National Highways, Coimbatore 641 018.

5. The Chief Secretary, Government of Tamil Nadu Fort St. George, Chennai.

6. The District Collector, Coimbatore 641 018.

+1 C.C. To MR.SU.Srinivasan, Advocate in SR.NO.53213 +1 C.C. To The Government Pleader in SR.NO.53331 W.P. No.30735 of 2015 VD(CO) sd : 15/10/2015