Madras High CourtWP/25866/2018dismissed

K.R.Perumal v. The Additional Chief Secretary

2022-01-06Honourable Mr Justice Krishnan Ramasamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.01.2022

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.NO.25866 OF 2018 K.R.Perumal

...Petitioner

Vs 1.The Additional Chief Secretary, Highways Department and Minor Ports Department, Chennai.

2.The Chief Engineer (O&M), Highways Department, Chennai.

3.The Superintending Engineer (O&M), Highways Department, Salem.

4.The Divisional Engineer (O&M), Highways Department, Edappadi, Salem.

5.The Assistant Divisional Engineer (O&M), Highways Department, Sankari, Salem.

6.The Assistant Engineer (O&M), Highways Department, Sankari, Salem.

...Respondents

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 07.12.2017 and 22.09.2018 and thereby take appropriate steps to realign the proposed bye-pass road at Tharamangalam, Salem District.

For Petitioner :

Mr.V.Raghavachari For Respondents :

Mrs.C.Meera Arumugam, Additional Government Pleader

O R D E R

This Writ Petition has been filed, seeking for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to consider the petitioner's representations dated 07.12.2017 and 22.09.2018 and thereby take appropriate steps to realign the proposed byepass road at Tharamangalam, Salem District

2. When the matter was taken for hearing on 23.11.2021, after hearing the arguments on both sides, this Court has passed the following order:

"When the matter is taken up for hearing, Mr.V.Nanmaran, the learned Additional Government Pleader, appearing for the respondent-Highways Department, submitted that the petitioner has filed this Writ Petition seeking a direction upon the respondent-Highways Department to consider the representations, dated 17.12.2017 and 22.09.2018, made by the petitioner to consider his request for re-alignment of the proposed bypass road at Tharamangalam, Salem District. However, the learned Additional Government Pleader submits that prayer sought for in this Writ Petition has become infructuous, as already, alignment of the road was made and the road was laid.

However, the learned counsel representing Mr.V.Raghavachari, the learned counsel for the petitioner submits that they have not been served with copy of any papers furnishing the details in regard to the formation of the road.

3. In view of the above, the learned Additional Government pleader is directed to serve copy of papers furnishing the details in regard to the formation of the road on the learned counsel for the petitioner.

Post the matter on 01.12.2021."

3. Today, when the matter is taken up for hearing i.e., on 06.01.2022, Mrs.C.Meera Arumugam, learned Additional Government Pleader for the respondents submits that already the road has been laid at Tharamangalam, Salem District.

4. Mr.V.Raghavachari, learned counsel appearing for the petitioner submits that he is not able to get any instructions from his client and he is not in a position to ascertain whether the road has been laid or not.

5. However, recording the oral submissions made by Mrs.C.Meera Arumugam, the learned Additional Government Pleader that already the road has been laid, this Court is of the view that no orders are required to pass in the Writ Petition and this Writ Petition is liable to be dismissed.

6. Accordingly, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar jd/Sma To 1.The Additional Chief Secretary, Highways Department and Minor Ports Department, Chennai.