Karuppusamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2021 CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD) No.10282 of 2021 and WMP(MD).No.7970 of 2021 Karuppasamy ... Petitioner Vs
1. The District Collector, Dindigul, Dindigul District.
2. The Deputy General Manager/ Project Director, (Oddanchatram Bye-pass Road), National Highways, Plot No.1, Indra Nagar, Chennammanayakenpatti Post, Dindigul- 4, Dindigul District.
... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, forbearing the respondents from damaging or removing the public road that is the NaganampattiKuttilnayakanpatti connection road which is the only road bearing survey No.380 and 398 of Oddanchatram Village, Dindigul District available to the petitioner's village which connect to other villages by considering the representation of the petitioner dated 31.05.2021.
For Petitioner : Mr.S.C.Herold Singh For respondents : Mr.S.Srinivasan, CGSC for R2 Mr.R.Baskaran, Government Counsel for R1
ORDER
[Order of the Court was made by T.S.SIVAGNANAM, J.] We have heard Mr.S.C.Herold Singh, learned counsel appearing for the petitioner; Mr.S.Srinivasan, learned Central Government Standing Counsel appearing for the second respondent and Mr.R.Baskaran, learned Government Counsel appearing for the first
respondent.
2. The writ petitioner has come forward with this writ petition, styled as a public interest litigation, alleging that there is a likelihood of damage to the existing public road.
3. On a reading of the representation, it appears that the petitioner and others apprehend that there will be a diversion of rain water, consequently the thar road will be damaged.
4. In any event, this is a matter where the authorities have to take a call and we cannot issue any positive direction in the writ petition. Accordingly, we direct that the representation given by the petitioner to be examined by the second respondent-the Deputy General Manager/Project Director, NHAI, and the District Collector, Dindigul District, may nominate one of the Tahsildars of the area, who can conduct an inspection and take a decision in this matter.
5. With the observation, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn 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.
To:
1. The District Collector, Dindigul, Dindigul District.
2. The Deputy General Manager/ Project Director, (Oddanchatram Bye-pass Road), National Highways, Plot No.1, Indra Nagar, Chennammanayakenpatti Post, Dindigul- 4, Dindigul District.
+1 CC to M/s.SPL GP ( SR-19946[F] dated 22/06/2021 )
+1 CC to M/s.SU.SRINIVASAN, Advocate ( SR-19814[F] dated 22/06/2021 ) +1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-19817[F] dated 22/06/2021 ) W.P.(MD) No.10282 of 2021 21.06.2021 KK(29.06.2021) 3P 6C