Madras High CourtWP/15150/2025disposed of

N.Thangavel v. The Chairman

2025-07-04Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.15150 of 2025 and WMP No.17078 of 2025 N.Thangavel .... Petitioner .Vs.

1.The Chairman The National Highways Authority of India (NHAI) Plot No.G-5 & 6, Sector-10, Dwarka New Delhi-110075.

2.The Project Director National Highways Authority of India (Ministry of Road, Transport & Highways) No.41/8A, 2/285, Second Floor Velachery-Tambaram Main Road Santhosapuram, Medavakkam Chengalpattu District.

.. Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st and 2nd respondents to change the construction of Foot Over Bridge from the front of petitioner shop situated at No.4/57, GST Salai, Singaperumal Koil, Chengalpattu District to Singaperumal Koil Bus Stop which is nearby 300 meters from the petitioner shop and further directing the 1st and 2nd respondents to consider the petitioner representation letter dated 14.3.2025 in accordance with law.

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For Petitioner :

Mr.S.Ramajayam For Respondents :

Mrs.S.R.Sumathy Standing Counsel

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the 1st and 2nd respondents to change the construction of the foot over bridge from the front portion of the shop to Singaperumal Koil Bus stop which is nearly 300 meters away from the shop of the petitioner.

2.The 2nd respondent has filed a counter affidavit. The relevant portions are extracted hereunder:

5.I humbly submit that NHAI has taken up 07 nos. of FOBs at various location on NH32 (old NH-45) which include 01 FOB at km 48-040 near Singaperumal koil Railway Station. In fact, this location was considered, based on interaction with police department and after consulting four technical experts. 6.I humbly submit that this location is near Singaperumal Koil Railway station where pedastrains have to cross the national highway at an at-grade junction and this location is also a blackspot where multiple fatalities have occurred. Therefore, construction of FOB at this location is very much essential to save lives. I humbly submit that in addition of FOB, NHAI has proposed to construct FOBs at other locations in future. Hence the prayer of the petitioner cannot be entertained. 2 / 5

3.Heard Mr.S.Ramajayam, learned counsel for the petitioner and Mrs.S.R.Sumathy, learned Standing Counsel appearing on behalf of the respondents. 4.The main grievance that was expressed by the learned counsel for the petitioner is that either the foot over bridge has to be located near the bus stand or a service road must be provided to the petitioner in order to access the shop. It is further submitted that it is not only the petitioner but also the other shop owners who are affected because of the selection of the place for construction of foot over bridge. 5.In the considered view of this Court, the decision to locate a foot over bridge is taken based on the advice given by the experts. However, while undertaking this process, the respondents must also ensure that the petitioner and other shop owners have access to their shops atleast by means of a service road. Hence, the respondents shall deal with this grievance and shall conduct an enquiry with the petitioner and others and ensure that service road is provided to them to access their shops.

6.This writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed. 04.07.2025 3 / 5

Index : Yes/No NCS : Yes/No KP N.ANAND VENKATESH, J.

KP To 1.The Chairman The National Highways Authority of India (NHAI) Plot No.G-5 & 6, Sector-10, Dwarka New Delhi-110075.

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