Madras High CourtWP(MD)/950/2019disposed of

C.Ganesh, S/O.M.Chellaiah, v. The Chief Engineer,

2020-01-07Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN C.Ganesh ... Petitioner Vs.

1.The Chief Engineer, Sardar Vallabhai Patel Road, Guindy, Chennai.

2.The Divisional Engineer, Tirunelveli and Tenkasi, Tirunelveli.

3.The Superintending Engineer, Tirunelveli Circle, Tirunelveli.

4.The Assistant Engineer, Nanguneri Highways Sub Division, Tirunelveli (C&M) Division, Tirunelveli.

5.The Assistant Engineer, Cheranmahadevi Section, Ambasamudiram Highways Sub Division, Tirunelveli (C&M) Division, Tirunelveli.

6.The Assistant Engineer, Nanguneri Highways Sub Division, Tirunelveli (C&M) Division, Tirunelveli.

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7.The Assistant Engineer, Tenkasi Highways Sub Division, Tenkasi Division, Tirunelveli District.

8.The Assistant Divisional Engineer, Ambasamudram Highways Sub Division, Tirunelveli District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents herein to dispose of the representation of the petitioner dated 23.11.2018 within a time frame stipulated by this Court.

For Petitioner : Mr.Saravanan for Ms.R.Saraswathi For Respondents : Mr.K.Chellapandian Additional Advocate General assisted by Mr.VR.Shanmuganathan Special Government Pleader Mr.K.P.Narayanakumar - Advocate Commissioner

ORDER

[Order of the Court was made by M.DURAISWAMY,J.] The petitioner has filed the above writ petition seeking to issue a writ of Mandamus to direct the respondents to dispose of the representation of the petitioner, dated 23.11.2018 within a time frame.

2. In the representation dated 23.11.2018, the petitioner who is also a Class - I Contractor, has stated that the roads laid by the Highways Department are not up to the prescribed standard and therefore, they should be directed to lay the road with good quality materials and in accordance with the approved specifications.

3. This Court appointed an Advocate Commissioner to inspect the roads in dispute in Tirunelveli District and he filed a report with regard to the quality of the road laid by the Highways Department. Pursuant to the Warrant of Commission issued to the Advocate Commissioner, the learned Advocate Commissioner filed a report wherein he has stated that the road is having patches in some stretches, but except one or two places, the basement of the road 2/4

has not torn out. The learned Advocate Commissioner has stated that by and large, the quality of the road laid by the Highways Department in Tirunelveli District is of good quality.

4. Mr.K.Chellapandian, learned Additional Advocate General appearing for the respondents submitted that the representation given by the petitioner on 23.11.2018 would be taken note of by the officials of the Highways Department while laying the road.

5. The submission made by the learned Additional Advocate General appearing for the respondents is recorded and also considering the report filed by the learned Advocate Commissioner, we only clarify that the Highways Department should lay the road in Tirunelveli District taking into consideration the representation dated 23.11.2018 given by the petitioner.

6. Mr.K.P.Narayanakumar, learned Advocate Commissioner appointed by this Court has stated that he visited the roads in dispute on four occasions and spent considerable time in preparing the reports.

7. Taking into consideration the submissions of the learned Advocate Commissioner, we are of the considered view that an additional remuneration of Rs.50,000/- (Rupees Fifty Thousand only) can be paid to the learned Advocate Commissioner by the petitioner.

8. Accordingly, we direct the petitioner to pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) as additional remuneration to the learned Advocate Commissioner within a period of four weeks from today.

9. With these observations, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS) rsb To 1.The Chief Engineer, Sardar Vallabhai Patel Road, Guindy, Chennai.

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