V.S.Venugopal v. The Divisional Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA V.S.Venugopal ... Petitioner Vs.

1.The Divisional Engineer, Highways Department (Project), Madurai, Madurai District.

2.The Assistant Divisional Engineer, Highways Department (Project), Dindigul, Dindigul District.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to put up a service road during the course of construction of under ground railway subway at Dindigul to Karur road based on the petitioner's representation dated 17.08.2020 within a time frame as stipulated by this Court.

For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.D.Ghandiraj Special Government Pleader

ORDER

This Writ Petition has been filed for a direction to the respondents to put up a service road during the course of constructions of underground railway subway at Dindigul to Karur Road based on the petitioner's representation dated 17.08.2020 within a time frame to be stipulated by this Court.

2.The petitioner's case is that the respondents have started the construction work of the underground railway subway at Dindigul-Karur Road without putting up a service road. Therefore, there is a lot of difficulty and the petitioner is not able to access the main road from his house as there is no service road available between the construction and the petitioner's house. Therefore, he had sent a representation to the Divisional Engineer (Construction and Maintenance) dated 17.08.2022. However, to-date, there is no response to the same. Therefore, the petitioner is constrained to approach this Court.

3. Considering the fact that while taking steps to provide underground railway subway for the use of the public, the respondents have not deemed it fit to provide a service road for the use of the residents, who were already in convenienced/displaced on account of these construction activities and as the representation is for the public good the request of the petitioner ough to be considered favourably.

4. In these circumstances, this Writ Petition is disposed of with a direction to the respondents to consider the representation of the petitioner dated 17.08.2020 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No costs.

24.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes cp

To 1.The Divisional Engineer, Highways Department (Project), Madurai, Madurai District.

2.The Assistant Divisional Engineer, Highways Department (Project), Dindigul, Dindigul District.

P.T.ASHA, J.

cp Dated: 24.04.2023