Madras High CourtWP(MD)/5772/2017dismissed

The Seven Roads Public v. The Union Of India,

2017-07-26Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 26.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.5772 of 2017 and W.M.P(MD).Nos.4596 & 6138 of 2017 The Seven Roads Public Welfare Association, Rep.by its President, Tirunelveli.

... Petitioner Vs.

1. The Union of India, Rep.by its Secretary, Ministry of Railways, Rail Bhavan, Raisina Road, New Delhi.

2. The Secretary, Highways and Minor Ports (HQ2) Department, Government of Tamil Nadu, Fort.St.George, Chennai.

3. The Divisional Engineer, National Highway Planning, A.R.Line Road, Palayamkottai, Tirunelveli-627002.

4. The District Collector, The District Collectorate, Kokkirakulam, Tirunelveli.

5. The Deputy Chief Engineer, Highways, Project Division, Integrated Chief Engineer Office Coplex, Sardar Patel Road, Guindy, Chennai.

6. Tirunelveli Municipal Corporation, S.N.High Road, Tirunelveli-627001.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the

respondents to restructure the Road Over Bridge at KM 0.8 of Palayamkottai - Sivanthipatti Road in lieu of existing LC.No.6 at Railway KM 6/600 - 700 in between Palayamkottai and Seithunganallur Railway Junction and also lay down the level crossing underground sub way in L.C.No.6 of Sivanthipatti Road, Palayamkottai as per the order of the third respondent dated 19.09.2016.

For Petitioner : Mr.S.Meenakshi Sundaram for Mr.N.GA.Natraj For Respondents : Mr.M.Govindan, Spl.GP for RR2 to 5 Mr.S.Manohar for R1 Mr.Aayiram K.Selvakumar for R6

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The petitioner has filed this writ petition in public interest for directing the respondents to re-structure the Road Over Bridge at KM 0.8 of Palayamkottai - Sivanthipatti Road in lieu of existing LC.No.6 at Railway KM 6/600 - 700 in between Palayamkottai and Seithunganallur Railway Junction and also lay down the level crossing underground sub way in L.C.No.6 of Sivanthipatti Road, Palayamkottai as per the order of the third respondent dated 19.09.2016.

` 2.In matters such as this, it is not possible for this Court to issue any direction to the authorities. The petitioner's association wants the Road Over Bridge in the place in question. But they are not happy with the way it has been planned by the authorities. They want modification of the construction as proposed by the respondents. In the very nature of things, these issues essentially fall in the realm of experts. 3.This Court is not having the necessary inputs or the requisite expertise to evaluate the pros and cons. The writ petitioner has not alleged any malafides on the part of the authorities. Therefore, it is not possible to entertain this writ petition.

4.The writ petition therefore stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar

1. The Secretary, The Union of India, Ministry of Railways, Rail Bhavan, Raisina Road, New Delhi.