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Madras High CourtWP/19875/2020disposed of

Traffic Dr. K.R. Ramasamy v. The Home Secretary

2021-02-11Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.02.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.19875 of 2020 Traffic Dr. K.R. Ramasamy ...

Petitioner Vs.

1. The Home Secretary Government of Tamil Nadu Fort St. George Chennai.

2. The Secretary Municipal Administration Fort St. George Chennai.

3. The Secretary Public Works Department Fort St. George Chennai.

4. The Commissioner Chennai Corporation Rippon Building Chennai.

5. The Commissioner of Police Chennai City Vepery Chennai.

6. The Ministry of Road Transport and Highways Transport Bhawan Parliament Street New Delhi 110 001.

7. The National Highways Authority No.1 Sri Balaji Towers No.54-28, Butt Rd Near Kathipara Junction South Phase SP Industrial area Parangi Malai, Guindy Chennai 600 016.

...

Respondents [R6 & R7 impleaded vide order dated 21.01.2021 in WMP No.1517 of 2021] Prayer: Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing all the respondents to take action on the petitioner's online complaint and representation dated 07.12.2020.

For Petitioner : Mr.A.Ramesh Manikandan For Respondents: Mr.V.Jayaprakash Narayanan State Govt. Pleader for respondents 1 to 3 and 5 Mr.R.Gopinath for respondent-4

ORDER

(Made by SENTHILKUMAR RAMAMOORTHY,J) The petitioner complains about incidents of death of persons who fell into the storm water channel and the inaction of the official respondents in that regard. He refers to an online complaint made in this connection on 07.12.2020.

2. Learned Standing Counsel for the Corporation submits that these deaths occurred outside the jurisdiction of the Commissioner of Greater Chennai Corporation and within the jurisdiction of the National Highways Authority. The National Highways Authority has been impleaded as the seventh respondent in this writ petition.

3. In view of the above, without considering the merits of the representation of the petitioner, the petitioner is granted leave to submit a fresh representation to the seventh respondent, who will consider the same and pass a speaking order within a period of six weeks from the date of receipt thereof. The disposal of this writ petition shall not prejudice the rights of the family of such deceased persons to institute appropriate proceedings in accordance with law.

W.P.No.19875 of 2020 is disposed of. There will be no order as to costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kpl To

1. The Home Secretary Government of Tamil Nadu Fort St. George Chennai.

2. The Secretary Municipal Administration Fort St. George, Chennai.

3. The Secretary Public Works Department Fort St. George, Chennai.

4. The Commissioner Chennai Corporation Rippon Building Chennai.

5. The Commissioner of Police Chennai City Vepery Chennai.

6. The Ministry of Road Transport and Highways Transport Bhawan Parliament Street New Delhi 110 001.

7. The National Highways Authority No.1 Sri Balaji Towers No.54-28, Butt Rd Near Kathipara Junction South Phase SP Industrial area Parangi Malai, Guindy Chennai, Tamil Nadu 600 016.

+1 cc to M/s.Ramesh Manikandan, Advocate Sr.No. 7965 +1 cc to The Government Pleader Sr.No. 8066 +1 cc to Mr.R.Gopinath, Advocate Sr.No. 7992 W.P.No.19875 of 2020 MG(CO) RMP(19/03/2021)