K.Aathavan v. The Govt. Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.2193 of 2017 K.Aathavan ... Petitioner Vs.

1.The Govt. of Tamil Nadu, Rep.by the Principal Secretary, Department of Municipal and Administration, Fort.St. George, Chennai - 600 009.

2.The Secretary to Government, Department of Highways and Minor Forts, Fort. St. George, Secretariat, Chennai - 600 009.

3.The Secretary to Government, Department of Public Works, Fort. St. George, Secretariat, Chennai - 600009.

4.The Commissioner of Municipal Administration, O/o. the Commissioner of Municipal Administration Ezhilagam Annex, Kamarajar Salai, Chepalk, Chennai-600005.

5.The Director General, O/o. Director General, High ways Department, Chennai - 600 005.

... 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 standardized the Interlocking concrete Block Pavement and also as per the Indian Standards and Norms as fixed by Indian Road Congress for using which should be used in the paver block roads and direct the respondents to use the paver blocks which are manufactured only from the factories which are having absolute infrastructure as per the IRC and IS standards.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.M.Govindan, Spl. G.P

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) This writ petition has been filed in public interest. The petitioner is an Engineering Graduate and he is having practical experience in making different kinds of Interlocking Cement Paver Blocks.

2.It is his allegation that the Interlocking concrete cement paver blocks are not manufactured as per the Indian Road Congress Standards and utilizing such substandard paver blocks is clearly detrimental to public interest. He therefore submitted a representation dated 10.01.2017. It is his prayer that only standardised interlocking concrete paver blocks which are manufactured as per the norms fixed by the Indian Road Congress which should be used. Since his representation was not considered, he is constrained to file the present writ petition. 3.Heard the learned counsel for the petitioner and the respondents.

4.We are of the view that the authorities must take note of the march of technology. There cannot be any compromise in quality. When every other manufactured product has to conform to certain quality standards, there is no reason as to why the concrete paver blocks alone should not follow suit. However, these are matters that rather fall in the realm of policy. It is for the authority concerned to take decision in the matter. We therefore direct the respondents 1 to 3 to consider the representation dated 10.01.2017 submitted by the writ petitioner. We have chosen to issue direction to the respondents 1 to 3, because, each of the departments in question are independently concerned with construction activities. The respondents 1 to 3 shall consider the issue raised by the writ petitioner on merits and dispose of the same within a period of four months from the date of receipt of the copy of a order.

5.The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub-Assistant Registrar

To 1.The Principal Secretary, Department of Municipal and Administration, Fort.St. George, Chennai - 600 009.

2.The Secretary to Government, Department of Highways and Minor Forts, Fort. St. George, Secretariat, Chennai - 600 009. 3.The Secretary to Government, Department of Public Works, Fort. St. George, Secretariat, Chennai - 600009. 4.The Commissioner of Municipal Administration, O/o. the Commissioner of Municipal Administration Ezhilagam Annex, Kamarajar Salai, Chepalk, Chennai-600005.

5.The Director General, O/o. Director General, High ways Department, Chennai - 600 005.

+One cc to Mr.T.Lajapathi Roy, Advocate, SR.No.69408 +One cc to The Special Government Pleader, SR.No.70183 Skm/Arul RL/8C/3P/KP/SAR1/23/8/2017 W.P(MD)No.2193 of 2017 01/08/2017