Madras High CourtWP(MD)/4413/2021dismissed

Kothandaraman.N v. The Secretary

2021-03-04Honourable The Chief Justice,Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2021

CORAM:

THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE and THE HON'BLE MRS.JUSTICE R.HEMALATHA N.Kothandaraman ... Petitioner -vs1.The Secretary, Department of Highways, Secretariat, Chennai - 9.

2.The Secretary, Department of Rural Development and Minor Ports, Panchayat Raj, St. George Fort, Chennai - 9.

3.The Chief Engineer (Highways), NABARD and Village Roads, No.76, First Floor, Sardarpatal Road, Guindy, Chennai - 25.

4.The District Collector, Ramanathapuram District, Ramanathapuram.

5.The Block Development Officer (Village Panchayat), Panchayat Union Office, Nainarkovil, Ramanathapuram District.

6.The Chief Engineer, Department of Highways, Near Government Hospital, Ramanathapuram, Ramanathapuram District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to withdraw the Panchayat Road (Karadarnthakudi to Thavalaikulam Road, extent of 4 Kms) at Ramanathapuram District, from the fifth respondent to change the classification in Highways Road to hand

over to the third respondent based on the petitioner's representation, dated 15.12.2020.

For Petitioner : Mr.P.Muthusamy For Respondents : Mr.K.P.Krishnadoss Special Government Pleader

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] This is a matter where the petitioner seeks a village road to be exalted to a highway.

2.These are matters where the Court must not interfere and leave the decision to the appropriate local bodies and policymakers. There is no doubt that every village wants to be connected by roads and wants the national highway to go by it, but these are not matters where the Court should force any decision without taking into consideration the myriad other factors including the expenses, that go into such decision-making process.

3.It will be upto the petitioner to convince the respondent authorities to undertake the work that the petitioner desires. The Court cannot be of any assistance to the petitioner. 4.W.P.(MD)No.4413 of 2021 is dismissed. There will be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

smn2/gk To:

1.The Secretary, Department of Highways, Secretariat, Chennai - 9.