Sundaravel .A.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR A.M.Sundaravel ... Petitioner vs.

1.The District Collector, Collectorate Buildings, Kokkirakulam, Tirunelveli - 627 009.

2.The Divisional Engineer, Highways Department, (Construction & Maintenance), Tirunelveli - 627 002.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to repair the unstandard road at Tharuvai Village, Tirunelveli District from the starting point at Aaraikulam to Jothipuram upto the ending point of Nagercoil road for the distance of 3 km by considering the written representation, dated 20.08.2022 made by the petitioner within a stipulated period.

1/4

For Petitioner : Mr.A.M.Sundaravel Party-in-Person For Respondents : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has filed the present Writ Petition seeking for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to repair the unstandard road at Tharuvai Village, Tirunelveli District from the starting point at Aaraikulam to Jothipuram upto the ending point of Nagercoil road for the distance of 3 km by considering the written representation, dated 20.08.2022 made by the petitioner within a stipulated period.

2.Today, when the matter is taken up for hearing, the learned Government Pleader appearing for the respondents has filed a status report and submitted that the road mentioned in the writ petition is not under the jurisdiction and control of the second respondent/the Divisional Engineer, Highways Department, Tirunelveli and the said road is under the control and 2/4

maintenance of Palayamkottai Panchayat Union and the petitioner has not impleaded the Assistant Director Village Panchayats, Tirunelveli. 3.In view of the above, the relief sought for in the Writ Petition cannot be granted. Accordingly, this Writ Petition is dismissed. However, leaving it open to the petitioner to approach the Assistant Director Village Panchayats, Tirunelveli, in the manner known to law, if he is so advised. No costs.

[D.K.K.,J.] [R.V.,J.] Index : Yes / No 12.12.2022 Internet : Yes ps To 1.The District Collector, Collectorate Buildings, Kokkirakulam, Tirunelveli - 627 009.

2.The Divisional Engineer, Highways Department, (Construction & Maintenance), Tirunelveli - 627 002.

3/4

D.KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 12.12.2022 4/4