Madras High CourtWP/25582/2025disposed of

N.Sathyamoorthy v. The Chief Engineer (Metro Projects)

2025-07-16Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and W.M.P.No.28755 of 2025 N.Sathyamoorthy S/o.Late Natarajan ... Petitioner Vs 1.The Chief Engineer (Metro Project) Tamil Nadu Highways Department, (Construction and Maintenance), No.76, Sardar Patel Road, Guindy, Chennai - 600 025.

2.The Divisional Engineer, Tamil Nadu Highways Department, Division Engineer (H), CMDP Division-III, No.76, Sardar Patel Road, Guindy, Chennai - 600 025.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus directing the respondents to perform the obligation vide letter No.24/2024/E.Nee.Vaa dated 27.03.2024 by laying service road before constructing over bridge with an escalator (SHU-86) The Grand Western Trunk Road at the junction of Nelson Manickam Salai, Aminjikarai, Chennai, demarked by the respondents pursuant to the assurance given by the respondents in W.P.No.20473 of 2025. 1/4

For Petitioner : Mr.A.Saravanan For Respondents : Mr.E.Veda Bagath Singh, Special Government Pleader *****

ORDER

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to perform their obligation as was undertaken before this Court when the earlier order was passed by this Court in W.P.No.20473 of 2025 dated 10.06.2025.

2. Heard Mr.A.Saravanan, learned counsel for petitioner and Mr.E.Veda Bagath Singh, learned Special Government Pleader appearing for respondents.

3. The main grievance expressed by learned counsel for petitioner is that the respondents in spite of undertaking before this Court that a service road will be provided to the petitioner to have access to the property are proceeding further with the laying of the road without complying with the undertaking given before this Court.

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4. When the matter was taken up for hearing today, learned Special Government Pleader appearing on behalf of the respondents produced the communication made by the Divisional Engineer (Highways), Chennai to the petitioner dated 11.07.2025 wherein the petitioner has been informed as follows:

"The Writ Petition W.P.No.20473 of 2025 filed by you in the Hon'ble High Court of Madras and prayed for a direction to the Respondent "to perform the obligation vide letter No.24/2024/JDO, dated 27.03.2024 by laying service road before constructing over bridge with an escalator (SHU-86) at the junction of Grand Western Trunk Road and Nelson Manickam Salai".

The Hon'ble High Court of Madras in its judgment dated 10.06.2025 has disposed the above W.P and recorded the assurance given by Respondent for providing the Service Road to the petitioner and similarly placed person to have access to their property. In this regard, it is informed that the Department has taken necessary action for providing service road and same is under process. The execution of service road will be taken up and completed at the earliest."

5. Learned Special Government Pleader appearing on behalf of the respondents submitted that the respondents will abide by the undertaking and assurance given before this Court for providing service road to the petitioner and similarly placed person to have access to their property. However, this process involves calling for tenders and it will take some time for the respondents to provide the service road. 3/4

N.ANAND VENKATESH, J.

6. Taking into consideration the earlier order passed by this Court in W.P.No.20473 of 2025 dated 10.06.2025 and the reiteration of the earlier undertaking given by the respondents through their communication dated 11.07.2025, there shall be a direction to the respondents to provide service road to the petitioner and the similarly placed persons to have access to their property. This process shall be completed as expeditiously as possible. This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 16.07.2025 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Chief Engineer (Metro Project) Tamil Nadu Highways Department, (Construction and Maintenance), No.76, Sardar Patel Road, Guindy, Chennai - 600 025. 2.The Divisional Engineer, Tamil Nadu Highways Department, Division Engineer (H), CMDP Division-III, No.76, Sardar Patel Road, Guindy, Chennai - 600 025. 4/4