C.Kaliyan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.07.2018 CORAM :
The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE AND The Hon'ble Ms.JUSTICE P.T.ASHA W.P. No.17936 of 2018 C.Kaliyan ... Petitioner -vs1.The District Collector, Perambalur District, Perambalur.
2.The Project Director, District Rural Development Authority, Collector office Building, Perambalur, Perambalur District.
3.The Executive Engineer (RD), DRDA, Perambalur, Perambalur District.
4.The Assistant Executive Engineer (RD), Roads & Bridges Sub Division, Perambalur, Perambalur District.
5.The Junior Engineer (RD), Veppanthattai Block, Veppanthattai Panchayat Union, Veppanthattai & Taluk, Perambalur District.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the third respondent to review the works carried out under the scheme called üpgradation of the road from Noothapur to Rajapalayam Road KM 0/0-2/0" and initiate appropriate action if the implementation of the scheme is not in accordance with "Specifications Report to Accompany the Estimate for the Work".
For Petitioner :
Mr.E.P.Senniyangiri For Respondents :
Mr.T.N.Rajagopalan Government Pleader
O R D E R
(Made by Ms.Indira Banerjee, Chief Justice) This writ petition, by way of public interest litigation, has been filed seeking directions on the respondent authorities to ensure that the work of upgradation of the road from Noothapur to Rajapalayam Road KM 0/0-2/0 is implemented strictly in accordance with the Contract Specifications for the work.
2. In the affidavit in support of the writ petition, it is alleged that the work is being done in a haphazard manner just covering up holes. The contractor has made an incorrect representation before the Government that the entire project has been completed, when in fact only 35% of the work has been done.
3. On the basis of the affidavit filed in support of the writ petition, the learned Government Pleader submits that it is the petitioner's own case that the project has almost been completed.
4. Without going into the veracity of the allegations, considering the fact that a huge amount of public money is involved, we dispose of the writ petition by directing the respondents 2 and 3 being the Project Director and the Executive Engineer to regularly inspect the work in progress and ensure that the work is done as per the standards prescribed in the Specifications Report.
The aspect of whether the contractor is making any misrepresentation with regard to the quantum of work done, is also to be examined by the concerned respondents. Needless to mention that if the work is not as per the specifications, necessary action will be taken in accordance with law. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar
bbr To 1.The District Collector, Perambalur District, Perambalur.
2.The Project Director, District Rural Development Authority, Collector office Building, Perambalur, Perambalur District.
3.The Executive Engineer (RD), DRDA, Perambalur, Perambalur District.
4.The Assistant Executive Engineer (RD), Roads & Bridges Sub Division, Perambalur, Perambalur District.
5.The Junior Engineer (RD), Veppanthattai Block, Veppanthattai Panchayat Union, Veppanthattai & Taluk, Perambalur District.
+1cc to Mr.E.P.Senniyangiri, Advocate Sr.46505 +1cc to the Government Pleader Sr.46711 W.P.No.17936 of 2018 nm[co] srg 30/07/2018