S.Balaji v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Balaji ..

Petitioner Vs.

1. The Commissioner Greater Chennai Corporation Ripon Building, Chennai - 600 003.

2. The Assistant Engineer Greater Chennai Corporation Zonam Office - 11 33, Arcot Road, Valasaravakkam Chennai - 600 087.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to take appropriate legal action against the erring contractors who had laid new substandard roads without milling old roads at Ward 152, Zone - 11 of Greater Chennai Corporation on the basis of my representation dated 25.09.2023 sent to the respondents 1 & 2.

For the Petitioner : Ms.G.Kiruthika For the Respondents : Mr.A.Arun Babu Standing Counsel

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.G.Kiruthika, learned counsel for the petitioner and Mr.A.Arun Babu, learned Standing Counsel for the respondents.

2. This petition is filed on the ground that roads are constructed in a substandard manner. The contractor is not made as a party respondent in the petition. The name of the contractor is also not detailed.

3. The petition is filed on vague averments and in the most casual manner. The petition is bereft of details and all necessary parties. Directions cannot be issued on the basis of such inadequate pleadings.

4. Learned counsel for the petitioner states that an application

has been submitted under the Right to Information Act, 2005 seeking information. The petitioner ought to have received the information first and should have filed the present petition, if the said information depicts about the illegalities committed.

5. In the light of that, at present, we are not inclined to entertain the present petition. In case the petitioner obtains the details upon the application filed by the petitioner under the Right to Information Act, 2005 (as contended by learned counsel for the petitioner), then the petitioner may take appropriate steps, in accordance with law.

6. With these observations, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.28883 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 10.10.2023 Index :

Yes/No :

Yes/No drm

To

1. The Commissioner Greater Chennai Corporation Ripon Building, Chennai - 600 003.

2. The Assistant Engineer Greater Chennai Corporation Zonam Office - 11 33, Arcot Road, Valasaravakkam Chennai - 600 087.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 10.10.2023