Udaiyar Koil Guna.T v. The Regional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.125 of 2023 T.Udaiyar Koil Guna ... Petitioner -Vs1.The Regional Officer, National Highways Authority of India, 2nd and 3rd Floor Vijay Krishna Plaza, No.1, Lake Area, Mattuthavani, Madurai District-625007.
2.The Corporate Officer, National Highways Authority of India, G5 & 6 Sector, 10 Dwaraka, New Delhi-110075.
3.The Project Director, National Highways Authority of India, Project Implementation Unit, 54, First Floor, Natarajapuram North Colony, M-C Road, Thanjavur District.
4.The District Collector, Collector Office, Thanjavur District.
5.The Superintendent of Police, Thanjavur District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to construct a sub way (under paas) at Udayaar Koil Village in Pillaiyaar Koil Bus Stop on the ThanjavurNagapattinam National Highway NH-67 (Now NH-83) to prevent further life loss and accident by considering the representation of the petitioner dated 16.06.2021 and reminder dated 28.03.2022.
For Petitioner : Mr.A.Senthil Kumar For R1 to R3 : Mrs.J.Padmavathy Devi For R4 : Mr.P.Thilak Kumar, Government Pleader For R5 : Mr.S.Manikandan, Government Advocate (Crl.Side)
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition is filed, seeking issuance of a Writ of Mandamus, directing the respondents 1 to 4 to construct a sub way (under paas) at Udayaar Koil Village in Pillaiyaar Koil Bus Stop on the Thanjavur-Nagapattinam National Highway NH-67 (Now NH-83) to prevent further life loss and accident, by considering the representation of the petitioner dated 16.06.2021 and reminder dated 28.03.2022.
2.Mrs.J.Padmavathy Devi, learned counsel takes notice for the respondents 1 to 3, Mr.P.Thilak Kumar, learned Government Pleader takes notice for the 4th respondent and Mr.S.Manikandan, learned Government Advocate (Crl.Side) takes notice for the 5th respondent. 3.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.
4.The grievance of the petitioner is that he made a representation dated 16.06.2021 to the respondents to construct a sub way in the place in question and followed by reminder dated 28.03.2022. Since the same have not been considered till date, the petitioner has approached this Court with the aforesaid prayer.
5.The learned counsel for the respondents 1 to 3, on instructions, submitted that the representation of the petitioner dated 16.06.2021 would be considered and appropriate orders would be passed on merits and in accordance with law within a time frame.
6.Considering the limited scope of the prayer sought for herein, without going into the merits of the case, we are inclined to direct the 3rd respondent to consider the representation of the petitioner dated 16.06.2021 and pass appropriate orders on its own merits and in accordance with law, after providing sufficient opportunity of hearing to all the parties concerned. Such an
exercise shall be completed as early as possible, preferably, within a period of twelve weeks from the date of receipt of a copy of this order. 7.With the above direction, this Writ Petition stands disposed of. No costs.
[D.K.K., J.] & [R.V., J.] 04.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR To 1.The District Collector, Collector Office, Thanjavur District.
2.The Superintendent of Police, Thanjavur District.
D.KRISHNAKUMAR, J.
AND R.VIJAYAKUMAR , J.
MYR W.P.(MD)No.125 of 2023 04.01.2023