Madras High CourtWP(MD)/6358/2016disposed of

S.Jayachandran, v. The State Of Tamil Nadu

2017-08-01Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

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.6358 of 2016 and W.M.P(MD)No.5569 of 2016 S.Jayachandran ... Petitioner vs.

1.The State of Tamil Nadu, Represented by its Chief Secretary to Government, Secretariat, Fort St. George, Chennai.

2.The Secretary to Government, Public Works Department, Government of Tamil Nadu, Secretariat,Fort st.George, Chennai.

3.The Engineer - in - Chief, Public Works Department, Chepack, Chennai.

4.The Superintending Engineer, Office of the Superintending Engineer, Public Works Department, (Building constructions and maintenance), Trichy.

5.The Assistant Superintending Engineer, Office of the Assistant Superintending Engineer, Public Works Department, (Building constructions and maintenance), Thanjavur District.

6.The District Collector, Office of the District Collector, Thanjavur District.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents 1 and 2 to conduct detailed enquiry about the construction of new collector office building at Vallam near Thanjai Tamil University based on the representation dated 24.03.2016 within the time stipulated by this Court. For Petitioner : Mr.S.Malaikani 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 by a resident of Thanjavur.

2.It is a case of the petitioner that the new Collectorate building has not been properly constructed. He would allege that several irregularities have been committed by the Contractors in question. It is alleged that the construction was put up by using substandard materials. As a result, the portions of the roof have been falling at regular intervals. This has been highlighted in the media on several occasions. The petitioner submitted representations on various dates seeking a comprehensive enquiry in the matter. Since no action was taken, he filed the present writ petition.

3.We went through the materials enclosed in the typed set of papers. It cannot be denied that portions of ceiling have fallen on quite a few occasions. Merely because there were no injuries caused to people, the situation cannot be underestimated. The petitioner had specifically alleged that the mixture of sand, cement and other materials was not as per the prescribed combination.

4.Though counter affidavit has been filed by the fourth respondent, this Court is of the view that the issue has to be enquired into at the highest level.

5.Therefore, the respondents 1 and 2 are directed to conduct a detailed enquiry into the construction of the new collectorate office building at Vallam near Thanjai Tamil University based on the representation dated 24.03.2016. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-II) /Truecopy/ Sub Assistant Registrar To 1.The Chief Secretary to Government, State of Tamil Nadu, Secretariat, Fort St. George,Chennai.