Seeni Sudalaimuthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA Seeni Sudalaimuthu ... Petitioner vs.

1. The District Collector, Tenkasi District.

2. The Divisional Engineer, National Highways (NH Division), Tenkasi District.

3. The Chief Engineer, National Highway Authority of India, Chennai Regional Office, Chennai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioners representation dated 17.07.2025 and refrain them from closing the existing road opening (crossway) between Athiyuthu and Andipatti Junction in Kaluneerkulam Village, Alangulam Taluk, Tenkasi District and to retain the same permanently for public use with appropriate and adequate safety 1/6

measures.

For Petitioner : Mr.V.R.Shanmuganathan For R1 - R3 : Mr.P.Thilak Kumar Government Pleader

O R D E R

(Order of the Court was made by A.D.JAGADISH CHANDIRA, J.) This writ petition has been filed for issuance of a writ of Mandamus, directing the respondents to consider the petitioner's representation dated 17.07.2025 and to refrain from closing the existing road opening (crossway) between Athiyuthu and Andipatti junction in Kaluneerkulam Village, Alangulam Taluk, Tenkasi District and consequently, to ensure that the crossway is retained permanently for public use, with appropriate and adequate safety measures.

2. Heard Mr.V.R.Shanmuganathan, learned counsel for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader, who accepts notice on behalf of the respondents 1 to 3.

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3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

4. The learned counsel for the petitioner submitted that the road opening (crossway) between Athiyuthu and Andipatti junction in Kaluneerkulam Village, Alangulam Taluk, Tenkasi District, is the only available crossing along the stretch of the Tirunelveli - Kollam National Highway (NH Project) and serves as a vital access point for Government Women's College, Alangulam, agricultural lands and other prominent places. During the District Road Safety Committee Meeting held on 05.02.2025, it was resolved under Item No.12 that the installation of barricades at the opening is sufficient and the crossing may be retained. The grievance of the petitioner is that despite the resolution passed in the Road Safety Committee Meeting, the respondents are now attempting to close the said opening without public consultation.

In this regard, the petitioner submitted a representation dated 17.07.2025, to the first respondent, which, according to the learned counsel for the petitioner, remains unattended.

representation of the petitioner dated 17.07.2025, in accordance with law.

5. Considering the limited scope of the prayer now sought for by the petitioner, without going into the merits of the case, this Writ Petition is disposed of with a direction to the first respondent, to consider the representation of the petitioner dated 17.07.2025 after obtaining a report from the District Road Safety Committee and to pass appropriate orders in accordance with law, after affording an opportunity of hearing to all the parties concerned. Such exercise shall be completed as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the official respondents to consider the same on its own merits. No costs.

[A.D.J.C.,J.] & [R.P.,J.] 01.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN 4/6

To

1. The District Collector, Tenkasi District.

2. The Divisional Engineer,, National Highways (NH Division), Tenkasi District.

3. The Chief Engineer, National Highway Authority of India, Chennai Regional Office, Chennai District.

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A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA, J.

PKN ORDER MADE IN DATED : 01.08.2025 6/6