R.Sethuraman v. The Chief General Manager,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.03.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Sethuraman .. Petitioner vs 1.The Chief General Manager, National Highways Authority of India, Plot No.P-34, 3rd Floor, Sri Towers (SP) Industrial Estate, Guindy, Chennai-600 032.
2.The Project Director, Project Implementation Unit, National Highways Authority of India, No.54, Natarajapuram North Colony, Medical College Road, Thanjavur-613 004.
3.The District Collector, Ariyalur District, Ariyalur-621 704.
4.The District Revenue Officer, Land Acquisition for National Highways, Collectorate Campus, Ariyalur & District.
5.The Revenue Divisional Officer, Udayarpalayam, Ariyalur District.
.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider the representation/objections submitted against the construction of over bridge at Sethiyathope to Chozhapuram junction at Meensurutti, Kundaveli East Village at Km 95.020 to Km 95.860 of Vikravandi to Thanjavur, connecting Trichy-Chidambaram National Highways road, contrary to alignment as prescribed in the Detailed Project Report, resulting in reduced width of Service Road located on the western side, in pursuant to the proceedings of the fifth respondent in Na.Ka.No.A1/112/2012 dated 4.9.2023 for rectification of the same, within a time frame to be fixed by this Court. For the Petitioner : Mr.G.Sankaran Senior Counsel for M/s.S.Nedunchezhiyan For the Respondents : Mr.Su.Srinivasan for respondents 1 and 2 : Mr.K.Karthik Jegannath Government Advocate for respondents 3 to 5
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.G.Sankaran, learned Senior Counsel for M/s.S.Nedunchezhiyan, learned counsel for the petitioner; Mr.Su.Srinivasan, learned counsel for respondents 1 and 2; and, Mr.K.Karthik Jegannath, learned Government Advocate for respondents 3 to 5.
2. The prayer made in the writ petition is to rectify the construction of the over bridge at Sethiyathope to Chozhapuram junction at Mensurutti, Kundaveli East Village. It has resulted in reduced width of the service road located on the western side.
3. Respondents 1 and 2 have filed counter-affidavit justifying it.
4. Courts are not expert on the alignment and the minimum width to be kept. The respondent authorities shall consider the objections/representation submitted by the petitioner on its own merits and communicate their decision to the petitioner, preferably within
three months.
5. With the aforesaid observations, the writ petition stands disposed of. There shall be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 26.03.2024 Index :
Yes/No :
Yes/No bbr To 1.The Chief General Manager, National Highways Authority of India, Plot No.P-34, 3rd Floor, Sri Towers (SP) Industrial Estate, Guindy, Chennai-600 032.
2.The Project Director, Project Implementation Unit, National Highways Authority of India, No.54, Natarajapuram North Colony, Medical College Road, Thanjavur-613 004.
3.The District Collector, Ariyalur District, Ariyalur-621 704.
4.The District Revenue Officer, Land Acquisition for National Highways, Collectorate Campus, Ariyalur & District.
5.The Revenue Divisional Officer, Udayarpalayam, Ariyalur District.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr 26.03.2024