Madras High Court
A.R.Parvathy Rajmani vs The District Collector on 3 March, 2025
Author: S.M.Subramaniam
Bench: S.M. Subramaniam
WA No. 478 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-03-2025
CORAM
THE HONOURABLE MR JUSTICE S.M. SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
WA No. 478 of 2025
and
C.M.P.Nos.4094 & 4099 of 2025
1. A.R.Parvathy Rajmani
Rural Village President, Avalur
Panchayat, Panchayat President,
No.2/100, Brahminar Street, Via
Ocheri, Kaveribakkam Rural, Nemili
Taluk, Ranipet Taluk - 632531.
Appellant(s)
Vs
1. The District Collector
District Collectorate Building, Ranipet
Taluk and District - 632401.
2.The Project Directory
National Highway Authority of India,
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WA No. 478 of 2025
(Ministry of Road Transport and
Highways, Government of India), Plot
No.20, 1st Floor, Pallavan Nagar Main
Road, Maduravoyal, Chennai - 600095.
3.The Superintendent Of Police
District Police Office, Ranipet District -
632401.
4.The Regional Officer
National Highway Authority of India,
Chennai - 600032.
5.The Team Leader
SA Infrastructure Consultants Pvt. Ltd.,
Kanchipuram - 631501.
6.The Tahsildhar
Taluk Office, Ranipet - 632401.
7.The Competent Authority and Special
District Revenue Officer
Vellore Taluk and District - 632001.
Respondent(s)
PRAYER: Writ appeal filed under Clause 15 of the Letters Patent Act, to set
aside the order passed in W.P. No.31841 of 2024 on dated 20.11.2024 and pass
such other order.
For Appellant(s): Mr.Pari Gopal
For Respondent(s): Mr.A.Selvendran
Special Government Pleader
for R1, R3, R6 & R7
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WA No. 478 of 2025
JUDGMENT
(Judgment of the Court was made by S.M.Subramaniam J.)
Under assail is the order dated 20.11.2024 passed in W.P.No.31841 of
2024.
2. The appellant filed a writ of mandamus to direct the second
respondent to consider the representation dated 19.08.2024 in order to
implement the scheme of laying LVUP (Light Vehicle Under Pass) on behalf of
local village person situate in Aavalur Village Panchayat, Kaveribakkam Rural,
Nemili Taluk, Ranipet District - 632 531.
3. Formation of National Highways road has been implemented by
conducting thorough research by the experts. High Court not being an expert
body need not necessarily interfere with the scheme or project proposed to be
implemented. During research, various deliberations are made by the experts
and in the event of interference, it will cause prejudice to the interest of the
scheme by itself.
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4. Mr.Pari Gopal, the learned Counsel appearing on behalf of the
appellant would submit that Light Vehicle Under Pass is to be provided nearby
their village. They have to travel long distance for crossing the road.
5. Such grievances if any, to be redressed only by the competent
Authorities of the National Highways. High Court in exercise of the powers of
judicial review cannot interfere with such research oriented schemes.
6. The learned single Judge has made a finding based on the counter
filed by the National Highways Authority / second respondent that one Light
Vehicle Underpass is provided at Km 87+544 (Perumbulipakkam/Poigainallur)
Junction at a distance of 1.581 Km from the requested location. One Light
Vehicle Underpass is available at Km 90/082 (Kalathur Junction) at a distance
of 0.95 km from the requested location towards Bangalore side.
7. That being the findings made by the writ court, the present Writ
Appeal deserves no merit consideration and consequently stands dismissed. No
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costs. Consequently, connected miscellaneous petitions are closed.
(S.M.S.,J.) (K.R.S., J.)
03-03-2025
veda
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
To
1.The District Collector
District Collectorate Building, Ranipet
Taluk and District - 632401.
2.The Project Directory
National Highway Authority of India,
(Ministry of Road Transport and
Highways, Government of India), Plot
No.20, 1st Floor, Pallavan Nagar Main
Road, Maduravoyal, Chennai - 600095.
3.The Superintendent Of Police
District Police Office, Ranipet District -
632401.
4.The Regional Officer
National Highway Authority of India,
Chennai - 600032.
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5.The Team Leader
SA Infrastructure Consultants Pvt. Ltd.,
Kanchipuram - 631501.
6.The Tahsildhar
Taluk Office, Ranipet - 632401.
7.The Competent Authority and Special
District Revenue Officer
Vellore Taluk and District - 632001.
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S.M.SUBRAMANIAM J.
AND
K.RAJASEKAR J.
veda
03-03-2025
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