A.Sivashanmugam v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P. No.5010 of 2016 and W.M.P.No.4366 of 2016 A.Sivashanmugam .. Petitioner -vs1.The Secretary, Highways and Minor Ports Dept., Fort St. George, Chennai.

2.The Chief Engineer Construction and Maintenance Highways Department, Chennai.

3.The Superintending Engineer, Villupuram Circle, Villupuram & District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to erect Retaining wall in the Surapattu - Ottampattu MDR Road in Villupuram Circle, near Semmedu Cross Rd., Anniyur Bank Opp, Velliyampatti Cross Rd., Siruvalai ''S'' Turning, Chiteri OHT, Siruvalai OHT, Anniyur OHT and in the spots to be identified by the technical committee to prevent the repeated road damages occurs every year due to rain and waste water. For Petitioner :

Mr.E.P.Senniyangiri For Respondents :

Mr.V.R.Kamalanathan, Addl.G.P., for RR 1 to 3 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner's grievance is that the over-flow water from the tank is causing damage to the highway periodically requiring repeated repairs. It is his suggestion that a retaining wall may be the solution.

2.This grievance of the petitioner may be looked into by the third respondent / Superintending Engineer, as to whether such a problem exists and if so, how can be it remedied. It is for the technical people to look into the issue as to whether the retaining wall or in some other way, the problem can be solved. The exercise be undertaken within a maximum period of three (3) months from the date of receipt of a copy of this order.

3.Writ Petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.No.4366 of 2015 stands closed. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar sra To 1.The Secretary, Highways and Minor Ports Dept., Fort St. George, Chennai.

2.The Chief Engineer Construction and Maintenance Highways Department, Chennai.

3.The Superintending Engineer, Villupuram Circle, Villupuram & District.

1 cc to M/s.E.P. Senniyangiri, Advocate, Sr. 8920 1 cc to Government Pleader, Sr. 8876 W.P.No.5010 of 2016 SNS (CO) KR/24/2/16 https://hcservices.ecourts.gov.in/hcservices/