Tamilnesan v. The District Collector

ORDER [Order of the Court was made by M.SUNDAR, J.] Captioned writ petition has been filed as a 'Public Interest Litigation' (hereinafter 'PIL' for the sake of brevity).

2.Short facts are that the nucleus of the matter is steel crash guard road barriers in the Highways between Orathanadu/Pattukkottai Taluk in Thanjavur District and Karambakudi Taluk in Pudukkottai District; that according to the petitioner, crash guard barriers have been removed making it hazardous and causing peril for the general public of the area and road users; that a representation dated 08.09.2023 has been sent by the petitioner in this regard and the present Writ Petition (PIL) has been filed.

3.Mr.Kumaresan, learned counsel representing counsel on record for PIL petitioner, is before us.

4.Learned counsel for petitioner adverting to the case file submits that the removal of crash guard barriers is so hazardous that it has already caused some loss of lives.

5.Issue notice to the official respondents.

6.Mr.P.Thilak Kumar, learned Government Pleader, accepts notice for official respondents (respondents 1 to 4).

7.To be noted, fifth respondent is Project Officer qua a private Limited Company, which is doing renovation work in a canal therein and notice to the fifth respondent is really not necessary considering the nature of PIL petitioner's grievance.

8.In the aforesaid backdrop, considering the narrow scope of the matter, main writ petition was taken up with the consent of both sides.

9.Learned State counsel i.e., Government Pleader, on instructions, submits that renovation work in the Grand Anicut Canal is underway and the crash guard barriers have been removed only for this renovation work, the renovation work is expected to be completed by

24.02.2024 and post completion of the renovation work, the crash guard barriers will be installed again within a reasonable time thereafter.

10.Learned Government Pleader also submits that this is the purview of the first respondent.

11.Considering the facts and circumstances of the case, we deem it appropriate to dispose of the captioned PIL petition recording the stated position of the official respondents which has been captured supra.

12.Captioned PIL petition is disposed of in the aforesaid manner. There shall be no order as to costs. (M.S.,J.) (R.S.V.,J.)

11.10.2023 Index : Yes/No ps To

1.The District Collector, Thanjavur District, Thanjavur.

2.The Superintending Engineer (Water Resource), Water Resource Department, Keelkaveri Basin Division Office, Thanjavur, Thanjavur District.

3.The Divisional Engineer, Highways Department, (Construction and Maintenance), Thanjavur.

4.The Executive Engineer, Water Resource Department, Akni River Basin Division, Muthupettai Salai, Pattukottai, Thanjavur District.

5.The Project Officer, Renats Project Private Limited, Camp Office, Opposite Periyar Matriculation School, Vettikadu and Post, Orathanadu Taluk, Thanjavur District. M.SUNDAR, J., and R.SAKTHIVEL, J., ps

11.10.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL Tamilnesan .. Petitioner vs 1.The District Collector, Thanjavur District, Thanjavur. 2.The Superintending Engineer (Water Resource), Water Resource Department, Keelkaveri Basin Division Office, Thanjavur, Thanjavur District. 3.The Divisional Engineer, Highways Department, (Construction and Maintenance), Thanjavur. 4.The Executive Engineer, Water Resource Department, Akni River Basin Division, Muthupettai Salai, Pattukottai, Thanjavur District. 5.The Project Officer, Renats Project Private Limited, Camp Office, Opposite Periyar Matriculation School, Vettikadu and Post, Orathanadu Taluk, Thanjavur 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 reinstall steel road crash guard barriers at Highways, Orathanadu Taluk, Pattukkottai Taluk, Thanjavur District to Karambakudi Taluk, Pudukkottai District based on the petitioner's representation dated 08.09.2023. For Petitioner : Mr.Kumaresan for Mr.S.Muniyandi For RR 1 to 4 : Mr.P.Thilak Kumar Government Pleader