Partly allowed

M.Palanichamy, v. the District Collector

Madras HC5 Dec 2018WP(MD)/22577/2018

Case brief

AI extract

What is this about?

In a pro bono publico writ petition, the Madurai Bench of the Madras High Court directed the Block Development Officer to coordinate with the Highways Department to widen steps on a retaining wall to provide public access.

What did the court decide?

Directed the Block Development Officer to coordinate with the Highways Department for widening the steps abutting the retaining wall.

M.Palanichamy, Vs the District Collector — Writ and Judicial Review | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2018 CORAM:

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THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU

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W.P.(MD)No.22577 of 2018

M.Palanichamy

.. Petitioner

Vs.

The District Collector, Tirunelveli District, Tirunelveli.

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The Superintending Engineer, State Highways Department, Palayamkottai, Tirunelveli, Tirunelveli District.

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The Divisional Engineer, State Highways Department, Tenkasi, Tirunelveli District.

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The Assistant Divisional Engineer, State Highways Department, Sankarankovil, Tirunelveli District.

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.. Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to provide foot steps on the concrete preventive wall abutting the widening ridge road amid agricultural fields and the pond by name Arasudaiyar Paraikulam stretching between Ariyanagipuram Village and railway level crossing near Pambukovil Santhai @ Madathupatti, Kadaiyanallur Taluk, Tirunelveli District and further ensure that huge amount of sands, sourced out of the road work, dumped on the watering cannels and aqueduct be removed and water freely flow through it, on the basis of the representation dated 17.10.2018.

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For Petitioner : Mr.T.Indrachithu

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For Respondents : Mr.A.K.Baskarapandian Special Government Pleader

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O R D E R

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[Order of the Court was made by K.K.SASIDHARAN, J. ]

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https://hcservices.ecourts.gov.in/hcservices/

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The petitioner filed this writ petition in pro bono publico for a direction to the respondents to provide footsteps on the

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concrete preventive wall abutting the ridge road near the pond by name Arasudaiyar Paraikulam, stretching between Ariyanagipuram Village and railway level crossing near Pambukovil Santhai @ Madathupatti, Kadaiyanallur Taluk, Tirunelveli District.

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2.It is the contention of the petitioner that the Highways Department constructed a retaining wall by closing the available access. According to the petitioner, there were footsteps earlier and after closing the footsteps, retaining wall was constructed by the Highways Department.

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3.The Divisional Engineer (Highways), Tenkasi filed a counter affidavit and produced photographs and sketch showing the ramp constructed abutting the retaining wall.

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4.The ramp shown at No.1 is stated to be providing access to the villagers. Similarly there are ridges which are narrow. According to the Divisional Engineer, steps have already been taken in association with the Village Panchayat, Sankarankovil to repair and strengthen the ramps.

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5.The action taken by the Highways Department would serve the purpose. We direct the Block Development Officer to coordinate with the Highways Department for widening the steps, abutting the retaining wall.

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6.The writ petition is disposed of with the above direction. No costs.

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Sd/-

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Assistant Registrar(CO)

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/True Copy/

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Sub Assistant Registrar(CS-II)

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The District Collector, Tirunelveli District, Tirunelveli.

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The Superintending Engineer, State Highways Department, Palayamkottai, Tirunelveli,

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Tirunelveli District.

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The Divisional Engineer, State Highways Department, https://hcservices.ecourts.gov.in/hcservices/ Tenkasi, Tirunelveli District.

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The Assistant Divisional Engineer, State Highways Department, Sankarankovil, Tirunelveli District.

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The Block Development Officer, Tirunelveli.

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+1cc to SPL.Govt.Pleader, Sr.No.98910

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KM/PM/SAR2/20.12.2018/3P/7C

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W.P.(MD)No.22577 of 2018

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05.12.2018

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https://hcservices.ecourts.gov.in/hcservices/

M.Palanichamy, v. the District Collector

Case brief

What is this about?

What did the court decide?

M.Palanichamy, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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