Desiya Makkal Sakthi Katchi v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2021
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI Desiya Makkal Sakthi Katchi, Rep. by its President, M.L.Ravi,S/o.M.Lakshmipathy, No.21/11, Venkatraman Street, Mint,Chennai - 600 079.
... Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Secretary, Department of Home, Fort St. George, Chennai - 600 009.
2.The Director General of Police, Mylapore, Kamarajar Salai, Chennai - 600 004.
3.The Director, Directorate of Vigilance and Anti-Corruption, No.293, MKN Road, Alandur, Chennai - 600 016.
4.The Director General, Highways Department, No.76, Sarthar Patel Road, Guindy, Chennai - 25.
5.The Chief Engineer, Highways Department, NABARD and Rural Road Circle, No.76, Sarthar Patel Road, Guindy, Chennai - 25.
6.The Superintending Engineer, Highways Research Station, No.76, Sarthar Patel Road, Guindy, Chennai - 25.
7.The Superintending Engineer, Highways Department, NABARD and Rural Road Circle, Trichy - 20.
... Respondents 1/3
Prayer : Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to initiate appropriate enquiry forthwith based on the information given by the petitioner, vide his representation dated 27.12.2018 and also to conduct a thorough investigation into the above failure in the construction of the bridge. For Petitioner : Mr.V.C.Sankaranarayanan For Respondents : Mr.K.P.Krishnadoss Special Government Pleader
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner seeks action for the inadequate and improper work done towards the construction of a bridge, which collapsed days after the construction.
2.In the status report filed, the following averments have been made:- ''5.I submit that because of this damage, the Superintending Engineer (H) NABARD & Rural Roads Circle, Trichy, took action against the Contractor Thiru.S.M.Sait by means of downgrading his Class I status to Class II Status. 6.I submit that on the officials side, the Director General, Highways Department, Chennai, framed charges against 11 officials involved in this Bridge work. The Superintending Engineer (H) Construction & Maintenance, Villupuram Circle was appointed as the Enquiry Officer and conducted the enquiry following the procedure laid down in Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules.'' 3.In view of the above, no further orders are required, as steps have already been taken. However, taking note of the aforesaid action taken, we direct the respondents to see to it that the proceedings initiated against the erring officials are concluded within a period of four months from the date of receipt of a copy of this order.
4.This Writ Petition is closed accordingly. No costs. Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) smn2 2/3
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 Secretary to Government of Tamil Nadu, Department of Home, Fort St. George, Chennai - 600 009.
2.The Director General of Police, Mylapore, Kamarajar Salai, Chennai - 600 004. 3.The Director, Directorate of Vigilance and Anti-Corruption, No.293, MKN Road, Alandur, Chennai - 600 016.
4.The Director General, Highways Department, No.76, Sarthar Patel Road, Guindy, Chennai - 25.
5.The Chief Engineer, Highways Department, NABARD and Rural Road Circle, No.76, Sarthar Patel Road, Guindy, Chennai - 25.
6.The Superintending Engineer, Highways Research Station, No.76, Sarthar Patel Road, Guindy, Chennai - 25.
7.The Superintending Engineer, Highways Department, NABARD and Rural Road Circle, Trichy - 20.
+1 CC to M/s.S.PREMKUMAR, Advocate ( SR-6308[F] dated 19/02/2021 ) +1 CC to M/s.SPL GP ( SR-6448[F] dated 22/02/2021 ) 19.02.2021 NA(CO) TR(11.03.2021) 3P 10C 3/3