Madras High CourtWP/17151/2021disposed of

S.Baskaran v. The Secretary To Government

2021-08-31Honourable Mr Justice R. Mahadevan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2021

CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN Writ Petition Nos. 17151, 17152, 17154, 17324, 17327, 17332 and 17337 of 2021 and WMP.Nos.18173, 18174, 18176, 18344, 18348, 18353 & 18361 of 2021 --- S.Baskaran Proprietor Tea Shop Present Door No.364 D, Main Road, Vembakkam Village & Taluk, Tiruvannamalai District Pin Code - 604 410 .. Petitioner in WP No. 17151/2021 E.Seetharaman Proprietor Thunga Photo Studio, Present Door No.364, Main Road, Vembakkam Village & Taluk, Tiruvannamalai District - 604 410.

.. Petitioner in WP No. 17152/2021 D.Saravanan, Proprietor Juice and Provision Stores, Present Door No.364 C, Main Road, Vembakkam Village & Taluk, Tiruvannamalai District - 604 410 .. Petitioner in WP No.17154/2021 S.Banumathi .. Petitioner in WP.No.17324/2021 V. Durga Devi Proprietrix Vasantha Medicals Present Door No.364 B Main Road, Vembakkam Village & Taluk, Tiruvannamalai District - 604 410 .. Petitioner in WP. No. 17327

S.Baskaran Proprietor Sriram Decors, Present Door No.364 A, Main Road, Vembakkam Village & Taluk, Tiruvannamalai District - 604 410 .. Petitioner in WP. No.17332 S.Muralikrishnan, M.M.Mission Hospital, No.363, Main Road, Vembakkam Village & Taluk, Tiruvannamalai district - 604 410 .. Petitioner in WP. No.17337

Versus

1. The Secretary to Government Public Works Department Secretariat, Fort St.George, Chennai - 9.

2. The Collector Tiruvannamalai District.

3. Assistant Divisional Engineer, High Ways Department, Cheyyar - 604 407.

4. Block Development Officer, Vembakkam Village, Tiruvannamalai District.

5. The President, Vembakkam Panchayat Union, Vembakkam Village & Taluk, '

Tiruvannamalai District - 604 410.

6. The Assistant Engineer, National Highways, Chennai to Tiruchy Main Road, Villupuram - 605 602 .. Respondents in all WPs WP No. 17151 of 2021: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to dispose of the petitioner's Representation dated 02.08.2021 by directing the respondents not to put up the Bus Shed, Bus Stop or any construction in front of the

petitioner's shop at present Door No.364D, Main Road, Vembakkam Village & Taluk, Tiruvannamalai District - 604 410. WP No.17152 of 2021: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to dispose of the petitioner's Representation dated 02.08.2021 by directing the respondents not to put up the Bus Shed, Bus Stop or any construction in front of the petitioner's shop at present Door No.364, Main Road, Vembakkam Village & Taluk, Tiruvannamalai District - 604 410 and put up the same in the land belonging to the Highways Department, abutting the property in which the petitioner has the Shop portion. WP No.

17154 of 2021: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to dispose of the petitioner's Representation dated 02.08.2021 by directing the respondents not to put up the Bus Shed, Bus Stop or any construction in front of the petitioner's shop at present Door No.364C, Main Road, Vembakkam Village & Taluk, Tiruvannamalai District - 604 410 and put up the same in the land belonging to the Highways Department, abutting the property in which the petitioner has the Shop portion. WP No.17324 of 2021: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to dispose of the petitioner's Representation dated 27.07.2021 and 29.07.

2021 by directing the respondents not to put up the Bus Shed, Bus Stop or any construction in front of the petitioner's property at Door No.363, 364, 364A to 364D, Main Road, Vembakkam Village & Taluk, Tiruvannamalai District - 604 410 and put up the same in the land belonging to the Highways Department, abutting the property of the petitioner. WP No.17327 of 2021: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to dispose of the petitioner's Representation dated 02.08.2021 by directing the respondents not to put up the Bus Shed, Bus Stop or any construction in front of the petitioner's shop at present Door No.

364B, Main Road, Vembakkam Village & Taluk, Tiruvannamalai District - 604 410 and put up the same in the land belonging to the Highways Department, abutting the property in which the petitioner has the shop portion. WP No.17332 of 2021: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to dispose of the petitioner's Representation dated 02.08.2021 by directing the respondents not to put up the Bus Shed, Bus Stop or any construction in front of the petitioner's shop at present Door No.

the land belonging to the Highways Department, abutting the property in which the petitioner has the shop portion. WP No.17337 of 2021: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to dispose of the petitioner's Representation dated 02.08.2021 by directing the respondents not to put up the Bus Shed, Bus Stop or any construction in front of the petitioner's M.M. Mission Hospital at present Door No.363, Main Road, Vembakkam Village & Taluk, Tiruvannamalai District - 604 410 and put up the same in the land belonging to the Highways Department, abutting the property in which the petitioner has the M.M.Mission Hospital.

For Petitioners :

Mr. N. Sivaprakash in all the Writ Petitions For R1,2,4 & R5 :

Mr.Stalin Abhimanyu, Government Counsel in all the Writ Petitions For R3 & R6 :

Mr. Richardson Wilson in all the Writ Petitions COMMON ORDER The petitioners have come forward with these writ petitions, with identical prayer, to issue a Writ of Mandamus to forbear the respondents from putting up a bus shed, bus stop or any other construction in front of their shops/houses as the case may be and to put such construction or bus stop in any other place.

The petitioners in these writ petitions are either having their own house or shops taken on rent. Such shops or houses of the petitioners are situated adjacent to the land belonging to Highways Department. The grievance of the petitioners is that the Highways Department had widened the road besides proposing to put up a bus stop or bus shelter in front of their houses or shops. It is their contention that the left side end of the road margin passes through their houses or shops in close proximity, with the result, the petitioners have to step out of their houses or shops by exercising adequate caution inasmuch as vehicles will raze past through their houses or shops in which case it will prove fatal to their lives. The further grievance of the petitioners is that the land belonging to the Highways Department is very much available near the shops or houses of the petitioners. Therefore, if the proposal to erect a bus stop, bus shed or bus shelter is shifted to the adjacent land, no prejudice will be caused to any one. However,

inspite of representations, the respondents proposed to erect a bus shelter and therefore, they have filed the present writ petitions.

The petitioner in WP No. 17337 of 2021 would contend that he is running a hospital in the name and style of M.M. Mission Hospital. The left side end of the road margin passes very close to the entrance of the hospital. If a bus shop or bus shelter is erected, the petitioner or the patients visiting his hospital could not have ingress or egress easily from and out of the hospital. Further, ambulance or cars could not be parked in front of his hospital during times of emergency. Therefore, erecting a bus stop or bus shelter in front of the hospital would result in grave prejudice to the petitioner. 4.

The learned counsel for the petitioners would contend that highlighting the difficulties expressed by them, the petitioners have repeatedly sent representations to the respondents and pointed out that there are alternative lands available for putting up a bus stop or bus shelter. Therefore the petitioners pleaded to the respondents to shift the place for erection of bus stop or bus shelter to some other place where abundant lands are available. However, such a legitimate request made by the petitioners has not been considered and therefore, the present writ petitions have been filed and he prayed for issuing appropriate direction to the respondents. 5.

Mr. Stalin Abhimanyu, learned Government Counsel produced a communication dated 24.08.2021 sent by the Assistant Divisional Engineer, Highways Department, Cheyyar. In the said communication dated 24.08.2021, it was stated that development works to improve the standard of roads from Abdullapuram-Moranam Road in Kilometer 8/10 were taken up and the encroachments on both sides of the roads have been cleared to facilitate a construction of a Bus bay on both sides of the road. It is also stated that after removal of the encroachments, the road is wider enough to accommodate two bus shelters on both sides of the road. At the same time, it is categorically stated that at present, there is no proposal to erect a bus shop or bus shelter in front of the shops or houses of the petitioners.

If at all a bus stop or bus shelter will be erected at a place where the road is wide enough and feasible of being put up. In the communication dated 24.08.2021, it was also stated that in case of erection of any bus stop or bus shelter, it will not cause any hindrance to the petitioners who are having their shops or houses in the road margin. By placing reliance on the aforesaid communication dated 24.08.2021, the learned Government Counsel prayed for dismissal of the writ petitions.

Heard the counsel on either side. It is evident from

the communication dated 24.08.2021 of the Assistant Divisional Engineer, Highways Department, Cheyyar that at present, there is no proposal to erect a bus stop or bus shelter in front of the shops or houses of the petitioners. In such view of the matter, the apprehensions raised by the petitioners have to be allayed. Consequently, the relief sought for in these writ petitions cannot be granted.

Therefore, by recording the communication dated 24.08.2021 of the Assistant Divisional Engineer, Highways Department, Cheyyar, all the writ petitions are disposed of. No costs. Consequently, all the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar av/rsh To

1. The Secretary to Government, Public Works Department, Secretariat, Fort St.George, Chennai - 9.

2. The Collector, Tiruvannamalai District.

3. Assistant Divisional Engineer, High Ways Department, Cheyyar - 604 407.

4. Block Development Officer, Vembakkam Village, Tiruvannamalai District.

5. The President, Vembakkam Panchayat Union, Vembakkam Village & Taluk, '

Tiruvannamalai District - 604 410.

6. The Assistant Engineer, National Highways, Chennai to Tiruchy Main Road, Villupuram - 605 602.

+7cc to Mr. N. Sivaprakash, Advocate, S.R.No.44105,44106,44107,44108,44109,44110,and 44111(in all WP's) +1cc to the Government Pleader, S.R.No.43938 in WP.Nos.17324,17327,17151.

WP Nos.17151, 17152, 17154, 17324, 17327, 17332 and 17337 of 2021 BS(CO) CT(28/09/2021)