I.C.Soundrapandian v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.[MD].No.7791 of 2015 I.C.Soundarapandian .. Petitioner Vs.

1. The District Collector - Madurai District, the Collectorate, Madurai -20.

2. The District Forest Officer, The District Forest Office, Race Course Road, Madurai, Madurai District - 625 002.

3. The Superintending Engineer, Department of Highways, Alagarkovil Road, Madurai, Madurai District - 625 002.

4. The Superintending Engineer, Tamil Nadu Electricity Board, Race Course Road, Madurai, Madurai District.

.. Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the first respondent to take steps in the interest of public health and safety (I) to lay the roads, namely Pudupatty Road - lying between Mannadimangalam and Kadupatty, and Vadakadupatty Road - lying between Kadupatty and Vikkiramangalam and ensure periodical maintenance of the same, (ii) to install street lights / road lights along side the said two roads and ensure regular maintenance of the same.

For Petitioner : No appearance For respondents : Mr.S.Chandrasekar, R1 and R2 Government Advocate

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner has come up with this Public Interest Litigation seeking a direction to the first respondent to take steps to lay the roads, namely Pudupatty Road - lying between Mannadimangalam and Kadupatty, and Vadakadupatty Road - lying between Kadupatty and Vikkiramangalam and to install street lights / road lights along side the said two roads and ensure regular maintenance of the same.

2. In the counter affidavit filed by the District Forest Officer, Madurai Division, Madurai, inter alia it is stated that forming road in the reserved forest attracts the provision of Section 2 of the Forest Conservation Act, 1980 and that if any local authority or Government body applies for formation of road in the Reserved Forest, it will be forwarded to the Government for approval under the Act, 1980.

3.The learned Government Advocate appearing for the District Collector, Madurai, on instructions, submitted that since it is a reserved forest, there is no proposal to lay road. The said statement is recorded.

4. In view of the same, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To

1. The District Collector - Madurai District, the Collectorate, Madurai -20.

2. The District Forest Officer, The District Forest Office, Race Course Road, Madurai, Madurai District - 625 002.

3. The Superintending Engineer, Department of Highways, Alagarkovil Road, Madurai, Madurai District - 625 002.

4. The Superintending Engineer, Tamil Nadu Electricity Board, Race Course Road, Madurai, Madurai District.

+ 1 CC TO Mr.G.THIAGARAJAN, ADVOCATE IN SR No. 61562 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 61055 GCG TE/KM : 07/11/2016 : 3P/7C Order made in W.P.[MD].No.7791 of 2015 17.10.2016