R. Sakkarai Mohamed v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.15532 of 2020 R.Sakkarai Mohamed ... Petitioner Vs.

1. The State of Tamil Nadu represented by the Principal Secretary, Public Works Department, State Secretariat, Fort St George, Chennai - 600 009.

2. The State of Tamil Nadu represented by, the Principal Secretary, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai - 600 009.

3. The Commissioner, Madurai Corporation, Arignar Anna Maaligai, Outpost, Thallakulam, Madurai - 625 002.

4. The District Collector, 1st Floor, District Collectorate, Madurai 620 020.

5. The Managing Director, Madurai Smart City Ltd, Corporation Building, Arignar Annamaligai, Madurai - 625 002.

6. The Director, Directorate of Town and Country Planning, No.807, Anna Salai, Chennai- 600 002.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus, directing the respondents to take immediate action to complete the construction of the new Bus 1/4

Stand, which is proposed to be constructed in the place of Periyar Bus Stand under Smart City project as per the undertaking given by respondent No.3 before this Court in W.P(MD) Nos.24268, 20571, 22693 and 22040 of 2018.

For Petitioner : Mr.R.Alagumani For Respondent : Mrs.J.Padmavathi Devi, Nos.1,2,4 & 6 Special Government Pleader For Respondent : Mr.R.Murali, No.3 Standing Counsel

ORDER

[Order of the Court was made by N.KIRUBAKARAN, J.] This writ petition has been filed seeking a writ of mandamus, directing the respondents to complete the construction of the new Bus Stand under the Smart City Project at Periyar Bus Stand, Madurai as per the undertaking given the Commissioner, Madurai Corporation, before this Court in W.P(MD)Nos.24268, 20571, 22693 and 22040 of 2018.

2.Heard Mr.R.Alagumani, learned Counsel appearing for the petitioner and Mrs.J.Padmavathi Devi, learned Special Government Pleader, who takes notice for respondent Nos.1,2,4 & 6 and Mr.R.Murali, learned Standing Counsel, who takes notice for respondent No.3.

3.A perusal of the order, dated 13.03.2019, passed by this Court in W.P(MD)Nos.24268, 20571, 22693 and 22040 of 2018, reveals that an undertaking was given by the Commissioner, Madurai Corporation that the construction of the Bus Stand under the Smart City Project at Periyar Bus Stand, Madurai, would be completed within a period of 18 months.

4. Though an undertaking was given before this Court to complete the work within a period of 18 months, we understand that on account of the lock down imposed, due to COVID-19 Pandemic, the construction of the Bus Stand could not be completed. However, Mr.R.Murali, learned Standing Counsel appearing for respondent No.3 would submit that 80% of the bus bay work has already been completed and the entire work would be completed before 31st March, 2021. 5.In the light of the above progress, this Court could not find fault with the respondents, especially with the 3rd respondent in this regard. Therefore, this writ petition is disposed of, by granting time to the respondents, up to 31st March 2021, for completing the construction of the Bus Stand under the Smart City Project at Periyar Bus Stand, Madurai. No Costs. Consequently, connected miscellaneous petition is closed.

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6.Post this matter on 1 st April, 2021 under the caption 'For Reporting Compliance.'

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) dsk To

1. The Principal Secretary, Public Works Department, State Secretariat, Fort St George, Chennai - 600 009.

2. The Principal Secretary, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai - 600 009.

3. The Commissioner, Madurai Corporation, Arignar Anna Maaligai, Outpost, Thallakulam, Madurai - 625 002.

4. The District Collector, 1st Floor, District Collectorate, Madurai 620 020.

5. The Managing Director, Madurai Smart City Ltd, Corporation Building, Arignar Annamaligai, Madurai - 625 002.

6. The Director, Directorate of Town and Country Planning, No.807, Anna Salai, Chennai - 600 002.

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Copy to: The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai.

(To list it on 01.04.2021 for report compliance) +1 CC to M/s.R.MURALI, Advocate ( SR-26182[F] dated 18/12/2020 ) +1 CC to the SPL GP ( SR-26736[F] dated 21/12/2020 ) 17.12.2020 KM(CO) CS(28.12.2020) 4P 10C 4/4