Madras High Court
K.Radhakrishnan vs The Principal Secretary To The on 5 May, 2022
W.P.(MD).No.9348 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.05.2022
CORAM:
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.(MD).No.9348 of 2022
and
W.M.P.(MD)No.6709 of 2022
K.Radhakrishnan .. Petitioner
Vs.
1. The Principal Secretary to the
Government,
Department of Municipal Administration
and Water Supply,
Fort St. George,
Chennai – 9.
2. The Commissioner of Municipal
Administration,
Chepauk,
Chennai – 5.
3. The Regional Director of Municipal
Administration,
294, Melakal Salai,
Kochadai, Madurai – 16.
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.9348 of 2022
4. The Commissioner of Municipality,
Oddanchathiram Municipality,
Palani Road,
Oddanchathiram, Dindigul – 624 619.
5. The District Collector,
Dindigul District. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying for issuance of a Writ of Mandamus, to direct the
respondent No.4 to scrap the existing layer of road before relaying of
roads in the locality of Suriya Garden situated in 2nd Ward of
Respondent No.4 Municipality and not to carry out the road works
without scrapping the existing road in accordance with the Judgment of
this Court in W.P.No.4913 of 2018 dated 09.03.2018.
For Petitioner : Mr.T.Lajapathi Roy
For Respondents : Mr.D.Ganthi Raj
Special Government Pleader
ORDER
This writ petition has been filed for a Mandamus, directing the
respondent No.4 to scrap the existing layer of road before relaying of
roads in the locality of Suriya Garden situated in 2nd Ward of
Respondent No.4 Municipality and not to carry out the road works
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.9348 of 2022
without scrapping the existing road in accordance with the Judgment of
this Court dated 09.03.2018 passed in W.P.No.4913 of 2018.
2. The petitioner is the resident of Suriya Garden located in the
2nd Ward of Oddanchathiram Municipality, Dindigul District. Now, the
Municipality has proposed to relay the road out of the Municipality
Funds. The Contractors who are awarded with the works are trying to
lay the road upon the existing road which will cause serious hardship to
the people. This Court, in a similar case, in W.P.(MD)No.4913 of
2018, by order dated 09.03.2018, held that the respondent authorities
shall ensure that the directions to the Contractors to properly scrap the
existing road before relaying the road are strictly complied with by
regular supervision and inspections while the roads are under
construction. Therefore, he made a representation, dated 29.04.2022,
to the respondents requesting to scrap the existing layer of road before
relaying of roads in the locality of Suriya Garden situated in 2nd Ward
of Respondent No.4 Municipality and not to carry out the road work
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.9348 of 2022
without scrapping the existing road in the light of the order passed by
this Court in W.P.No.4913 of 2018 dated 09.03.2018.
3. The learned counsel appearing for the petitioner submits that it
would be suffice, if the respondents are directed to consider the
representation given by the petitioner on 29.04.2022 within a specified
period.
4. Heard the learned Special Government Pleader appearing for
the respondents.
5. Considering the limited prayer sought for by the petitioner,
this Court, without going into the merits of the case, directs the
respondents to consider the petitioner's representation dated
29.04.2022, in the light of the Judgment of this Court dated 09.03.2018
passed in W.P.No.4913 of 2018 within a period of one week from the
date of receipt of a copy of this order.
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W.P.(MD).No.9348 of 2022
6. With the above direction, the writ petition is disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
05.05.2022
Index : Yes / No
Internet : Yes / No
ogy/rm
To
1. The Principal Secretary to the
Government,
Department of Municipal Administration
and Water Supply,
Fort St. George,
Chennai – 9.
2. The Commissioner of Municipal
Administration,
Chepauk,
Chennai – 5.
3. The Regional Director of Municipal
Administration,
294, Melakal Salai,
Kochadai, Madurai – 16.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.9348 of 2022
T.RAJA,J.
ogy/rm
4. The Commissioner of Municipality,
Oddanchathiram Municipality,
Palani Road,
Oddanchathiram, Dindigul – 624 619.
5. The District Collector,
Dindigul District.
Order made in
W.P.(MD).No.9348 of 2022
Dated: 05.05.2022
https://www.mhc.tn.gov.in/judis
