This PIL was dismissed as premature because the underlying representation was filed only one week prior to the writ petition. The court directed the authorities to consider the representation within a month with no costs.
The petition was dismissed but the authorities were directed to consider the representation within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2015
CORAM
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND
The Hon'ble MR.JUSTICE T.S.SIVAGNANAM
W.P.No.18095 of 2015
and
M.P.No.1 of 2015
V.Prabakaran Ex.Vice President, Nolambur Panchayat, Old No.5/50, New No.5/40, Madha Koil Nagar 2nd Cross street, Nolambur, Chennai-600 095. .. Petitioner -vs1.The Government of Tamil Nadu, rep. by its Principal Secretary, Highways and Minor Ports Department, Fort St. George, Secretariat, Chennai-600 009. 2.The Government of Tamil Nadu, rep. by its Secretary, Public Works Department, Fort St. George, Secretariat, Chennai-600 009. 3.The District Collector, Thiruvallur District at Thiruvallur District. 4.The District Collector, Chennai District, Singaravelar Maaligai, No.62, Rajaji Salai, Chennai-600 001. 5.The Chairman, Tamil Nadu Electricity Board, No.144, N.P.K.R.R.Maaligai, Anna Salai, Chennai-600 002. 6.The Chief Engineer, Public Works Department, Water Resources Organisation, Chennai Region, Chepauk, Chennai-600 005.
7.The Assistant Divisional Engineer, Tamil Nadu Electricity Board, Tower Line Circuit, Korattur, Chennai. 8.The Executive Engineer, Tamil Nadu Electricity Board, Tower Line Circuit, Korattur, Chennai. 9.The Chairman, Department of Environment Assessment Authority – I, Gennis Road, Ground Floor, Panakal Maaligai, Saidapet, Chennai-600 015. 10.The Member Secretary Chennai Rivers Restoration Trust, No.6/103, Dr.D.G.S.Dinakaran Salai, Annamalaipuram, Chennai-600 028. .. Respondents
Petition under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents to consider the petitioner's representation dated 15.06.2015 and thereby direct the respondents to take all necessary steps to implement the project of erecting High Tension Cable Towers from Thiruverkadu to Koyambedu through by way of adopting alternative method either through by underground cable or overhead cable on the Poonamallee High Road in order to ensure the free flow of water into Coovam River during the rainy season and safeguard the life of the general public.
(Order of the Court was made by The Hon'ble Chief Justice)
This Public Interest Litigation is premature, as the representation has been given only on 15.6.2015 and within a week's time, the writ petition was filed.
Sd/-
Assistant Registrar
True Copy
Sub Assistant Registrar
To
1.The Principal Secretary, Highways and Minor Ports Department, Fort St. George, Secretariat, Chennai-600 009. 2.The Secretary, Public Works Department, Fort St. George, Secretariat, Chennai-600 009. 3.The District Collector, Thiruvallur District. 4.The District Collector, Chennai District, Singaravelar Maaligai, No.62, Rajaji Salai, Chennai-600 001. 5.The Chairman, Tamil Nadu Electricity Board, No.144, N.P.K.R.R.Maaligai, Anna Salai, Chennai-600 002. 6.The Chief Engineer, Public Works Department, Water Resources Organisation, Chennai Region, Chepauk, Chennai-600 005. 7.The Assistant Divisional Engineer, Tamil Nadu Electricity Board, Tower Line Circuit, Korattur, Chennai. 8.The Executive Engineer, Tamil Nadu Electricity Board, Tower Line Circuit, Korattur, Chennai. 9.The Chairman, Department of Environment Assessment Authority – I, Gennis Road, Ground Floor, Panakal Maaligai, Saidapet, Chennai-600 015.
10.The Member Secretary Chennai Rivers Restoration Trust, No.6/103, Dr.D.G.S.Dinakaran Salai, Annamalaipuram, Chennai-600 028.
Vsn(co) krd 30/6
W.P.No.18095 of 2015
1 issue framed by the court
Whether the writ petition is premature given the recent filing of the petitioner's representation.
1 provisions across 1 enactments
V.Prabakaran
The Government of Tamil Nadu, rep. by its Principal Secretary, Highways and Minor Ports Department
The Government of Tamil Nadu, rep. by its Secretary, Public Works Department
The District Collector, Thiruvallur District
The District Collector, Chennai District
The Chairman, Tamil Nadu Electricity Board
Sanjay Kishan Kaul
T.S.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
