A.Ezhil Shanmugam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.33403 of 2016 A.Ezhil Shanmugam .. Petitioner Vs.

1. The District Collector

2. The Revenue Divisional Officer

3. The Block Development Officer Ilathur Kancheepuram District.

4. The Thasildhar Cheyyur Circle Kancheepuram District.

5. The President Village Panchayat Cheyyur Village Kancheepuram District.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents to consider the representations of the petitioner dated 29.12.2015 followed by 1.8.2016 and in accordance with the direction of 2nd respondent dated 19.1.2016 to lay road in Survey No.414/3 from Uppalam Road to the Devarajapuram Village or any other way to reach from Uppalam Road to Devarajapuram Village, Cheyyur Taluk, Kancheepuram District.

For Petitioner : Mr.M.Murali For Respondents : Mr.R.Vijayakumar Additional Govt. Pleader for respondents 1 to 4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioner is aggrieved by the non-construction of a road for providing better access to villages from Uppalam Road to Devarajapuram Village. The last representation given in this behalf was on 1.8.2016.

2. We raised a query to the learned counsel for the petitioner as to whether any budget provision has been made or not for the said project. It appears from his response that it is not so. Implementation of the projects of this nature require budgetary provisions, which are purely within the administrative domain of the authorities concerned. Therefore, no writ of mandamus can be issued in respect of the public interest litigation.

3. We may hasten to add that this will not preclude the respondent/authorities from examining the representation of the petitioner and seeking budgetary provision for the same and for the petitioner to follow up the representation administratively. The petition is, accordingly, closed in the aforesaid terms. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To:

1. The District Collector

2. The Revenue Divisional Officer

3. The Block Development Officer Ilathur Kancheepuram District.

4. The Thasildhar Cheyyur Circle Kancheepuram District.

+1cc to Mr.M.Murali, Advocate Sr.54373 +1cc to the Government Pleader sr.54495 W.P.No.33403 of 2016 ctr[co] srg 30/09/2016