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Madras High CourtWP/33323/2019disposed of

Suo Motu Pil v. The Government Of India

2021-10-05Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.10.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Suo motu W.P.No.33323 of 2019 1.The Government of India, Rep. by its Secretary, Ministry of Road Transport and Highways, Transport Bhavan, Parliament House, New Delhi - 110 001.

2.The Chairman, National Highways Authority of India, G-5 and 6 Sector, 10, Dwaraka, New Delhi - 110 015.

3. The General Manager, Public Grievances, National Highways Authority of India, New Delhi - 110 015.

4. The Chief General Manager-cum-Regional Officer, National Highways Authority of India, No.1, 54-28, Butt Road, St. Thomas Mount, Chennai - 600 016.

5. The Secretary to Government of Tamil Nadu, Highways Department, Fort St. George, Chennai - 600 009.

6. The Project Officer, National Highways Authority of India, Sri Towers, DP-34 (SP), Industrial Estate, Guindy, Chennai-600 032.

7. Essel Walajahpet Poonamallee Tolls Road Pvt. Ltd., (EWPTRPL), No.513, V-Floor, Kirol Road, Off: LBS Marg, Kural (VV) Mumbai-70; and NH-4, KM, 37/800, Nimili Village, Near Sriperu,budur, Kancheepuram District - 602 105.

8. The Commissioner, Greater Corporation of Chennai, Rippon Buildings, Chennai - 600 003.

9. The Additional Commissioner of Police, Traffic, Greater Chennai City Police, Veppery, Chennai- 600 007.

10. The Chairman and Managing Director, M/s.Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), 144, Anna Salai, Chennai 600 002.

11. The Chairman and Managing Director, M/s.Tamil Nadu Transmission Corporation Limited (TANTRANSCO), 144, Anna Salai, Chennai 600 002.

12. The Managing Director, Tamil Nadu Water Supply and Drainage Board (TWAD), 31, Kamarajar Salai, Chepauk, Chennai 600 005.

13. The Commissioner, Municipal Administration, Ezhilagam, Chepauk, Chennai 600 005.

14. The Director, Rural Development and Panchayatraj Department, Panagal Building, No.1, Jennis Road, Saidapet, Chennai 600 015.

15. The Director, Town Panchayats, Urban Administrative Building, Santhome High Road, MRC Nagar, Chennai 600 028.

16. The Chief Executive Officer, M/s.NTEC,Vallur Thermal Power Projects, Vellivoyal Chavadi, Ponneri Taluk, Thiruvallur District 600 103.

17. The Managing Director, SIPCTO, 19-A, Rukmani Lakshmipathy Road, Egmore, Chennai 600 008.

18. The Commissioner, Department of Geology and Mining, Alandur Road, Guindy Industrial Estate, Guindy, Chennai 600 032.

19.The Commissioner of Police, Greater Chennai City, 132, Commissioner Office Building, EVK Sampath Building, Vepery, Periyamet, Chennai 600 007.

20.The Superintendent of Police, Kancheepuram District, Kancheepuram.

21.The Superintendent of Police, Ranipet District, Ranipet.

22. The District Collector, Kancheepuram District, Kancheepuram.

23. The District Collector, Ranipet District, Ranipet.

24. The District Collector, Thiruvallur District, Thiruvallur.

25. M/s.KMC-JSR (JV) Contractor, 4th Floor, New No.17, vijayaragava Road, T.Nagar, Chennai 600 017.

26. M/s.S.P.K. And Co., 63/7, SPK Complex, Ananthapuri Nagar 2nd street, Madurai Road, Aruppukkottai 626 101.

27. The North Chennai Thermal Power Station Attipatty Main Road, Thiruvallur District Tamil Nadu-600 120 ..Respondents (Respondents 8 and 9 suo motu impleaded as per the order dated 28.11.2019 made in the writ petition) (Respondents 10 to 26 impleaded as per the order made in WMP No.4706 of 2021 dated 16.3.2021) (Respondent No.27 suo motu impleaded as per the order dated 16.3.2021 made in the writ petition)

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to take appropriate measures to re-lay the road afresh of National Highway No.4, between Maduravoyal and Wallajahpet in accordance with the Indian Road Congress specifications and file a report in compliance in this regard within the time stipulated by this Honourable Court and consequently direct the respondents, their men, agents or subordinates not to collect the Toll Fee till road is re-laid and maintained properly and issue such further or other appropriate orders or directions as this Honourable Court may deem fir and proper in the facts and circumstances of the case. For the Respondents :

M/s.K.Srinivasa Murthy, SPCGSC for the first respondent.

:

Mr.G.Karthikeyan, ASG for respondents 2, 3, 4 and :

Ms.R.Anitha Counsel for the State for respondents 5, 9, 20, 22 to 24 :

Mr.Nithyaesh and Vaibav for respondents 19 and 21 :

Mr.K.Raja Shrinivas, Senior Standing Counsel for respondents 8 and 9 :

Mr.Vijayan for respondent No.10

ORDER

(Order of the Court was made by Hon'ble Chief Justice) Since the condition of the road has vastly improved from the time that the court took cognizance of the matter, W.P.No.33323 of 2019 is disposed of.

2. The latest status report has been filed by the National Highways Authority of India on July 24, 2021.

There will be no order as to costs.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar To 1.The Government of India, Rep. by its Secretary, Ministry of Road Transport and Highways, Transport Bhavan, Parliament House, New Delhi - 110 001.

2.The Chairman, National Highways Authority of India, G-5 and 6 Sector, 10, Dwaraka, New Delhi - 110 015.

3. The General Manager, Public Grievances, National Highways Authority of India, New Delhi - 110 015.

4. The Chief General Manager-cum-Regional Officer, National Highways Authority of India, No.1, 54-28, Butt Road, St. Thomas Mount, Chennai - 600 016.

5. The Secretary to Government of Tamil Nadu, Highways Department, Fort St. George,Chennai - 600 009.

6. The North Chennai Thermal Power Station Attipatty Main Road, Thiruvallur District Tamil Nadu 600 120 7.The Project Officer, National Highways Authority of India, Sri Towers, DP-34 (SP), Industrial Estate, Guindy, Chennai-600 032.

8. The Commissioner, Greater Corporation of Chennai, Rippon Buildings, Chennai - 600 003.

9. The Additional Commissioner of Police, Traffic, Greater Chennai City Police, Veppery, Chennai- 600 007.

10. The Chairman and Managing Director, M/s.Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), 144, Anna Salai, Chennai 600 002.

11.The Chairman and Managing Director, M/s.Tamil Nadu Transmission Corporation Limited (TANTRANSCO), 144, Anna Salai, Chennai 600 002. 12.The Managing Director, Tamil Nadu Water Supply and Drainage Board (TWAD), 31, Kamarajar Salai, Chepauk, Chennai 600 005. 13.The Commissioner, Municipal Administration, Ezhilagam, Chepauk, Chennai 600 005.

14. The Director, Rural Development and Panchayatraj Department, Panagal Building, No.1, Jennis Road, Saidapet, Chennai 600 015.

15. The Director, Town Panchayats, Urban Administrative Building, Santhome High Road, MRC Nagar, Chennai 600 028.

16. The Chief Executive Officer, M/s.NTEC,Vallur Thermal Power Projects, Vellivoyal Chavadi, Ponneri Taluk, Thiruvallur District 600 103.

17. The Managing Director, SIPCTO, 19-A, Rukmani Lakshmipathy Road, Egmore, Chennai 600 008.

18. The Commissioner, Department of Geology and Mining, Alandur Road, Guindy Industrial Estate, Guindy, Chennai 600 032.

19. The Commissioner of Police, Greater Chennai City, 132, Commissioner Office Building, EVK Sampath Building, Vepery, Periyamet, Chennai 600 007.

20. The Superintendent of Police, Kancheepuram District, Kancheepuram.

21. The Superintendent of Police, Ranipet District, Ranipet.

22. The District Collector, Kancheepuram District, Kancheepuram.

23. The District Collector, Ranipet District, Ranipet.

24. The District Collector, Thiruvallur District, Thiruvallur.

+1 CC to The Government Pleader sr 52327 +1 CC to M/s.G. Karthikeyan, Advocate sr 52201. +1 CC to Mr.K. Raja Srinivas, Advocate sr 52088. Suo motu WP No.33323 of 2019 PPA(CO) SP(20/10/2021)