Mr. A.C.Raj v. The Project Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU A.C.Raj .. Petitioner Vs The Project Manager, NHAI Project Implementation Unit, Kancheepuram, Plot No.20, First Floor, Pallavan Nagar Main Road, Madhuravayol, Chennai-600 095.

.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to comply with Rule No.4.3 of Code of Practice for Road Signs (Indian Roads Congress 2012) and annexure VI of the same in his jurisdiction and to refund the total amount of the toll paid for the travel from Chennai to Bangalore and for the return journey by considering the representation dated 10.5.2023.

For the Petitioner : Mr.M.Dinesh For the Respondents : Mr.S.Srinivasan

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.M.Dinesh, learned counsel for the petitioner and Mr.S.Srinivasan, learned counsel for the respondent.

2. Learned counsel for the petitioner submits that the respondent did not comply with Rule No.4.3 of Code of Practice for Road Signs (Indian Roads Congress 2012) and Annexure-VI of the same and, in view of the same, the petitioner had to face many hazards. The delay was caused. The petitioner had to face 26 road closures from Sriperumbudur to Ambur and had to drive on bumpy, narrow roads, causing fear and anxiety, particularly, the danger of colliding with heavy vehicles.

3. The matter would involve many disputed questions of facts. In writ jurisdiction, it will not be possible to take evidence with regard

to the disputed questions of facts. In view of that, we are not entertaining the present writ petition. The petitioner may avail such other remedy, as may be permissible under law.

4. With regard to the observance of Rule No.4.3 of Code of Practice for Road Signs (Indian Roads Congress 2012), the authorities are expected to abide by the same. If, in future, any such deviation is noticed, the affected party can bring it to the notice of the authority concerned. It is duty of the authority concerned to abide by and follow the Code of Practice for Road Signs (Indian Roads Congress 2012).

5. With these observations, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 15.09.2023 Index :

Yes/No Yes/No bbr

To:

The Project Manager, NHAI Project Implementation Unit, Kancheepuram, Plot No.20, First Floor, Pallavan Nagar Main Road, Madhuravayol, Chennai-600 095.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

bbr 15.09.2023