Writ petition seeking direction to stop construction of a road median in front of a college was dismissed for lack of legal right. The Court held private interests cannot override public interest in national highways.
Dismissed the Writ Petition seeking direction to consider representations and desist from constructing the median.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.01.2018
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD)No.1523 of 2018
N.Jegatheesan, S/o Mr.S.Nagarathinam Secretary, Nagarthinam Angallammmal Arts & Science College, S.No.32/1, Valayankulam Village, Thirupparankundram Taluk, Madurai-625 022. ... Petitioner -Vs1. The Executive Director, Tamil Nadu Raod Infrastructure Development Corporation, 735, Anna Salai, 4th Floor, L.L.A. Building, Chennai-600 002.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to consider my representations dated 23.10.2017 and 23.01.2018 and to desist from constructing of a Centre Median/Divider Kerb in front of the petitioner's college namely Nagarathinam Angalammal Arts and Science College” situated in S.No.32/1, Valayankulam Village, Thirupparankundram Taluk, Maduari.
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For Petitioner For Respondents
ORDER
The relief sought for in the Writ Petition is for a direction to direct the respondents to consider the representations submitted by the Writ Petitioner on 23.10.2017 and 23.01.2018 and to desist from constructing of a Centre Median/Divider Kerb in front of the petitioner's college namely Nagarathinam Angalammal Arts and Science College” situated in S.No.32/1, Valayankulam Village, Thirupparankundram Taluk, Maduari District.
2.The learned counsel appearing on behalf of the Writ Petitioner made a submission that in the event of constructing the Centre Median/Divider Kerb, the college will face certain inconvenience and more specifically large number of students are studying in the college. The learned counsel is of an opinion that construction of Centre Median/Divider Kerb in the national highways will cause such hindrance for free movement of the students and other people in that locality. Thus, a direction is to be provided to consider the representation.
3.Even for issuance of a direction to consider the representation, the person who is approaching the Court of law, has to establish his legal rights. At least, the semblances of legal right is a precondition to move a writ petition under Article 226 of the Constitution of India. In the absence of any legal right, the writ petitioner cannot seek any direction from this Court.
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5.If at all any grievances are raised by the local people or by any institution like that of the writ petitioner, undoubtedly, the authorities have to consider the same and there cannot be any violation or deviation in respect of scheme of maintenance of the National Highways Roads. If any such violations are created, then the principles of law will be diluted and consequences would be that the people will face many road accidents and ill effects in this regard. Scheme of maintenance of National Highways Roads are formulated by the experts considering various aspects. If at all the grievances are to be redressed, then the same ought to have been considered by the competent authority by obtaining experts opinion in this regard. The Courts being not experts, cannot have any opinion in the matter of maintenance of National Highways Roads. However, the Courts can very well find if there is any violations or observe that the roads are not maintained properly by the authorities. The writ petitioner being an educational institution, cannot have any say or legal right in respect of providing suggestion to the authorities of the National Highways. Even, if any suggestion is given, the same has to be considered along with all other suggestions. In general experts opinion or otherwise is certainly required. The recent practice is that filing a writ petition without establishing legal right and to seek a direction to consider the representation. If the directions are issued by the Courts then, the authorities will pass orders in one way or other. By virtue of an order, if any, passed pursuant to the direction issued by this Court, then the petitioners are creating a fresh cause of action, to adjudicate the matter. Further while, agitating the matters, by creating cause of action from and out of the order passed by this Court, they are stalling the entire developmental activities of our great nation.
6.At the outset, these all are the ill ideas formulated by some legal minds to stall the developmental activities for their self interest. Further it is necessary to clarify that in order to compel the authorities to yield to their requests, such formulas are made. The Court can never and ever encourage such ideas. Thus, establishing the legal right is of paramount important and in the absence of establishing any legal right, no writ can be entertained..
7.The petitioner is running an Arts and Science College. Further it is nowhere connected with the national highways schemes. The Highways authorities cannot accept the suggestion of the writ petitioner in violation of the scheme formulated for maintenance of national highways roads. Centre median/divider kerb are provided in the larger interest of the public in general. The private or individual interest can never be considered either by https://hcservices.ecourts.gov.in/hcservices/ the competent authorities or by the Courts.
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8.In the common policy including the laying of road, construction of centre median/divider kerb providing one way traffic, regulating the traffic system are all to be examined by the experts committee and the same is to be implemented only in the interest of larger public and the decision can never be taken in the private interest or in the interest of an individual. It is duty mandatory on the part of the public authorities to ensure free flow traffic and safety norms and other features to be provided for enhancing safety, while formulating the schemes in the national highways.
9.Larger number of accidents are taken place in national highways on account of lack of infrastructures, lack of warning signs and lack of other facilities. Thus, the authorities competent are to take care of these aspects, while formulating schemes and while implementing the same. Such being the concept, the authorities competent are bound to take all care to see that the schemes for national highways are implemented in order to minimise the accidents and to ensure free flow of traffic in the national highways in the larger interest.
10.In this view of the matter, this Court is of an undoubted opinion that the writ petitioner has not established even the semblance of legal right, so as to consider the issuance of any such direction as prayed for. Accordingly, this Writ Petition is dismissed. However, no order as to costs.
Sd/-
Assistant Registrar(CS-II)
/True Copy/
Sub Assistant Registrar
To
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+1cc to Mr.Babu Rajendran, Advocate Sr.No.44426
+1cc to The Spl.Government Pleader Sr.No.44803
MYR/TA
VB/JC/SAR4/15/03/2018/5P/6C
W.P(MD)No.1523 of 2018 29.01.2018
3 issues framed by the court
Whether the petitioner established a semblance of legal right to seek a direction for the authorities to consider their representations regarding road construction.
Whether private or individual interests of an educational institution can override public interest in the maintenance of national highways.
Whether the Court can issue a direction to consider representations before the petitioner establishes legal rights.
1 provisions across 1 enactments
N.Jegatheesan
The Executive Director, Tamil Nadu Road Infrastructure Development Corporation
The Superintending Engineer, Tamil Nadu Road Infrastructure Development Corporation
The Team Leader, Tamil Nadu Road Infrastructure Development Corporation
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
