Smt. P.Manjula v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.10.2022

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR P.Manjula ...

Petitioner Vs.

1.The Director, Directorate of Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai 15.

2.The District collector/Chairman, District Rural Development Agency, Tiruvallur District 3.The Executive Engineer, (RD) District Rural Development Agency, Tiruvallur District ...

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to construct a bridge across Kosasthalaiyar river at Karanodai to Seemavaram Road in Vnayiru Village as per the proposal of the 1st respondent vide Lr.No.22899/2020/TU1, dated 10.08.2021.

For the Petitioner : Mr.N.Ramesh For the Respondents : Mr.P.Muthukumar, State Government Pleader, for respondents 1 to 3

ORDER

(Made by the Hon'ble Acting Chief Justice) This writ petition, styled as a 'public interest litigation', cannot be entertained since the prayer made by the petitioner has already been considered and rejected by this Court vide its order dated 27.04.2022 in W.P.No.10991 of 2022.

2. In WP No.10991 of 2022, this Court, taking note of the fact that the need for construction of a bridge across Kosasthalaiyar River at Karanodai to Seemavaram Road in Gnayiru Village Panchayat has already been taken for the convenience of the villagers, observed that the starting and ending point of the bridge cannot be dictated by the petitioners therein. On that basis, this court has come to the conclusion that if the initial decision was taken to construct the bridge as per the proposal, change of decision is permissible on the technical advise, if earlier location is not feasible, and such issues

cannot be addressed in a writ petition filed as a 'public interest litigation'. Therefore, for the same relief, the petitioner cannot come again to this Court.

3. Learned State Government Pleader submits that the construction of the bridge would be fast-tracked, as a final decision has now been taken and that the present writ petition is totally unwarranted.

4. The writ petition is, therefore, dismissed. No costs. (T.R., ACJ.) (D.K.K., J.) 11.10.2022 Index: Yes/No tar To 1.The Director, Directorate of Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai 15.

2.The District collector/Chairman, District Rural Development Agency, Tiruvallur District 3.The Executive Engineer, (RD) District Rural Development Agency, Tiruvallur District

T.RAJA, ACJ, and D.KRISHNAKUMAR, J.

(tar) 11.10.2022