M.Deepak Goswami v. The Chief Engineer(Metro Project)
2024:MHC:2257
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 12.06.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH & WMP.No.16479 of 2024 M.Deepak Goswami ... Petitioner Vs 1.The Chief Engineer (Metro Project), Tamil Nadu Highways Department, (Construction and Maintenance).
No.76, Sardar Patel Road, Guindy, Chennai - 600 025.
2.The Divisional Engineer, Tamil Nadu Highways Department, Division Engineer (H), CMDP Division - III, No.76, Sardar Patel Road, Guindy, Chennai - 600 025.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st and 2nd respondents to perform the obligation vide letter No.24/2024/E.Nee.Vaa. Dated 27.03.2024 by 1/4
laying service road and sprit and to dispose of the petitioner's representation dated 03.05.2024 within a time frame fixed by this Hon'ble Court. For Petitioner : Mr.K.G.Senthilkumar For Respondents : Mr.R.Ramanlal Additional Advocate General assisted by Mr.P.Harish Government Advocate
O R D E R
Mr.P.Harish, learned Government Advocate accepts notice for the respondents and is represented by Mr.R.Ramanlal, learned Additional Advocate General. They are armed with requisite instructions to enable a final disposal of this Writ Petition, even at the stage of admission.
2. He points out, prima facie, that the obligation of the petitioner under letter dated 27.04.2024 has been taken note of and a service road already provided.
3. This petitioner has approached this Court previously in W.P.No.4820 of 2024 seeking a mandamus directing the same respondents as before me in this Writ Petition, to dispose the petitioner's representation filed on 14.02.2024. That Writ Petition was disposed on 27.02.2024 directing the respondents to conduct the on-going enquiry with regard to the prayer of the petitioner in that Writ Petition and dispose the same.
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4. To be noted, that the earlier representations had also related only to the present acquisition proceedings and pursuant to this Court's order dated 27.02.2024, an order came to be passed by the Divisional Engineer on 27.03.2024 disposing the representation and granting him the benefit of a service road as he had wished.
5. The petitioner has merely reiterated the very same prayer in the present Writ Petition and what he appears to want is a wider service road as against the one that is proposed to be granted by the respondents.
6. The petitioner would maintain that a representation has been filed on 03.05.2024 seeking the above relief. This Court is of the categoric view that it is for the authorities to consider the issue and decide the same expeditiously and in accordance with law.
7. This Writ Petition is disposed as above. No costs. Connected Miscellaneous Petition is closed.
12.06.2024 Index : Yes / No Speaking Order sl 3/4
Dr.ANITA SUMANTH,J.
Sl To 1.The Chief Engineer (Metro Project), Tamil Nadu Highways Department, (Construction and Maintenance).
No.76, Sardar Patel Road, Guindy, Chennai - 600 025.
2.The Divisional Engineer, Tamil Nadu Highways Department, Division Engineer (H), CMDP Division - III, No.76, Sardar Patel Road, Guindy, Chennai - 600 025.
& WMP.No.16479 of 2024 12.06.2024 4/4