K.Perumal, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2016

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P.No.7912 of 2016 K.Perumal .. Petitioner -vs1.The District Collector, Salem.

2.The Project Director, District Rural Development Agency, Salem.

3.The Block Development Officer, Salem.

4.The President, Thumbalpatti, Salem Taluk and District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents to lay a road from Palikadu Thar Road to Jalluttupatti village which is situated at Tumbalpatti Panchayat, Panamarathupatty Panchayat Union, Salem District within the stipulated period as fixed by this Hon'ble Court. For Petitioner : Mr.R.Ezhilarasan For Respondents : Mr.STS.Moorthy Government Pleader for R1 to R4 * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner, a painting contractor has suddenly woken up to file this Public Interest Litigation for want of a better road constructed, which he uses.

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2. The issue is not one of the requirement as that is quite apparent from the Government on its own decision taken on 03.12.2015, which work was initially required to be completed by 31.12.2015. It is alleged that the work has not commenced and if the funds are not utilised, they are liable to be diverted to some other cause.

3. We may note that aspects like infrastructure and construction falls within the administrative domain of the Government and it is not possible to examine each road which has to be built under Public Interest Litigation.

4. We are, thus, not inclined to entertain this petition.

5. We may, however, observe that if necessary orders have already been passed, there is no reason for the delay and every endeavour would be made to complete the project.

6. The writ petition is dismissed with the aforesaid observation. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar bbr To 1.The District Collector, Salem.

2.The Project Director, District Rural Development Agency, Salem.

3.The Block Development Officer, Salem.

4.The President, Thumbalpatti, Salem Taluk and District.

+1 cc to Government Pleader vide sr.13906 +1 cc to Mr.R.Ezhilarasan Advocate vide sr.13829 W.P.No.7912 of 2016 aa14/03/2016 https://hcservices.ecourts.gov.in/hcservices/