Madras High CourtWP/17031/2020disposed of

G.Nagabushanam Naidu v. The Principal Secretary To Govt.

2021-02-02Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2021 CORAM :

The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.17031 of 2020 G.Nagabushanam Naidu ... Petitioner -vs1.The Principal Secretary to Government, Municipal Administration &Water Supply Dept, Secretariat, Fort St.George, Chennai 600009 2.The Director of Town Panchayat, Directorate of Town Panchayat, Kuralagam, Chennai 108 3.The District Collector, Tiruvallur District 4.The Asst. Director, Local Administration (Town Panchayats) O/o.the District collectorate, Tiruvallur 5.The Executive Officer, Ponneri Town Panchayat, Ponneri 601 204 Tiruvallur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking for a Writ of Mandamus directing the the respondents to consider the representation of the petitioner, dated 21.07.2020 and thereby directing the respondents to relay or repair the roads/streets after milling, scrapping and removing the existing top layer of the same within the Ponneri Town Panchayat Limit, especially new Car Street at Ponneri.

For petitioner : Mr.R.Munuswamy For respondents : Mr.K.S.Suresh, Government Advocate For RR 1 to 4.

ORDER

(Made by SENTHILKUMAR RAMAMOORTHY, J.) This writ petition is filed to direct the respondents to relay or repair the roads/streets, after following the procedure specified by the petitioner.

2. This court is not inclined to exercise discretionary jurisdiction in public interest litigation relating to issues that fall squarely within the domain of the executive authorities. The writ petitioner states that a representation dated 21.07.2020 has been issued to the official respondents in this regard. Accordingly, without examining the merits of such representation, the official respondents concerned are directed to consider and dispose of the representation dated 21.07.2020 by a speaking order which is to be passed within six weeks from the date of receipt of a copy of this order. In the event the writ petitioner is aggrieved thereby, it is open to the writ petitioner to pursue remedies in accordance with law, otherwise than by way of a public interest litigation, after establishing his locus standi in this regard. The writ petition, W.P.No.17031 of 2020, is disposed of on the above terms.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar tar To 1.The Principal Secretary to Government, Municipal Administration &Water Supply Dept, Secretariat, Fort St.George, Chennai 600009 2.The Director of Town Panchayat, Directorate of Town Panchayat, Kuralagam, Chennai 108

3.The District Collector, Tiruvallur District 4.The Asst. Director, Local Administration (Town Panchayats) O/o.the District collectorate, Tiruvallur 5.The Executive Officer, Ponneri Town Panchayat, Ponneri 601 204 Tiruvallur District.

+1cc to Mr.R.Munuswamy, Advocate, S.R.No.5631 +1cc to Mr.V.Jayaprakash Narayanan, Advocate, S.R.No.5653 +1cc to the Government Pleader, S.R.No.5581 W.P.No.17031 of 2020 RSI(CO) NRA(25/02/2021)