Kesava Reddy @ Ram Thilak v. The Superintending Engineer

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Kesava Reddy @ Ram Thilak Petitioner(s) Vs

1. The Superintending Engineer, National Highways Department, Cuddalore 1 2.The Assistant Divisional Engineer, Chennai Kanyakumari Industrial Corridor Project, Cuddalore District 3.The Commissioner Nellikuppam Municipality, Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for records on the file of

2/6 the 2nd respondent in vide Lr. No. 15/ 2025/ JDO/ date 8.07.2025 and quash the same as illegal, incompetent, untenable and wholly without jurisdiction or any other appropriate writ, order or direction, directing the 1st respondent to relocate and construct the Bus Shelter in a safer and feasible zone (Near Bala Vihar Matriculation School) at Vazhapattu Village, at the same time not to disturb or obstruct peaceful possession of the petitioner in any manner. For Petitioner(s):

Mr.K.Venkatesan For Respondent(s):

Mr.M.Suresh Kumar Additional Advocate General assisted by Mr.E.Veda Bagath Singh Special Government Pleader for R1 to R3

ORDER

This writ petition has been filed challenging the proceedings of the 2nd respondent dated 08.07.2025 and for a direction to the 1st respondent to relocate and construct the Bus Shelter in a safer and feasible zone at Vazhapattu Village without causing any disturbance or obstruction to easy access to the property belonging to the petitioner.

3/6 2.This Court after hearing the learned counsel for the petitioner expressed its mind that the location of a bus stop can never become a subject matter of consideration in a writ petition. These are decisions which are taken by the authorities based on the advice given by the experts. In any case, this Court exercising jurisdiction under Article 226 of the Constitution of India cannot use its discretion to deal with cases of this nature. The location of a bus stop will be the least which a Writ Court will entertain.

3.If according to the petitioner, there is a public interest involved, the petitioner has to move a Public Interest Litigation. If according to the petitioner, it affects the private interest of the petitioner in accessing to his property, the petitioner has to move the concerned Civil Court and seek for the appropriate relief. Except giving this liberty, no further orders can be passed in this writ petition.

4/6 4.This writ petition is disposed of in the above terms. No Costs. Consequently, connected miscellaneous petition is closed. 18-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr To 1.The Superintending Engineer National Highways Department, Cuddalore 1 2.The Assistant Divisional Engineer Chennai Kanyakumari Industrial Corridor Project,

5/6 3.The Commissioner Nellikuppam Municipality,

6/6 N.ANAND VENKATESH J.

ssr 18-08-2025