Disposed

Vaikkalsamy v. The Prl. Engineer

Madras HC27 Nov 2020WP(MD)/16899/2020

Case brief

AI extract

What is this about?

Petitioner sought writ to direct highway authorities to ensure safety measures at a road repair site between Ayakudi and Amarapoondi to prevent accidents. The court found that precautionary steps like stickers, boards, and speed breakers were already provided and disposed of the petition.

What did the court decide?

Petition disposed of with a direction to respondents to take all safety and precautionary steps to avert any future accidents.

Vaikkalsamy Vs The Prl. Engineer — Writ and Judicial Review | Madras HC (2020)

¶1

W.P.(MD)No.16899 of 2020

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2020

¶3

CORAM:

¶4

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.16899 of 2020

¶5

Vaikkalsamy : Petitioner

¶6

Vs.

¶7

1.The Principal Engineer, State Highways Department, Rajbhavan, Guindy, Chennai.

¶8

2.The District Collector, Dindigul District, Dindigul.

¶9

3.The Revenue Divisional Officer, Palani, Dindigul District. 4.The Divisional Engineer, State Highways Department, Palani, Dindigul District.

¶10

5.The Assistant Divisional Engineer, State Highways Department, Palani, Dindigul District.

¶11

6.The Manager, R.R. Infra Construction, Madurai. : Respondents

¶12

PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents 1 to 5 to ensure that all safety and precautionary measures be placed at work undertaken by the sixth respondent for repairing and relaying the State Highways Road between Ayakudi and Amarapoondi and prevent any further loss of lives of bike rider and vehicle riders, on the basis of the petitioner's representation dated 15.07.2020.

¶13

For Petitioner : Mr.T.Indrachithu For R1 to R5 : Mrs.J.Padmavathi Devi https://hcservices.ecourts.gov.in/hcservices/ Special Government Pleader

¶14

1/4

¶15

W.P.(MD)No.16899 of 2020

¶16

***** ORDER

¶17

( Order of the Court was made by N.KIRUBAKARAN, J.)

¶18

The petitioner has filed this writ petition as a pro bono litigation to direct the respondents 1 to 5 to ensure that all safety and precautionary measures be taken at the place of work undertaken by the sixth respondent for repairing and relaying the State Highways Road between Ayakudi and Amarapoondi and prevent any further loss of lives of road users.

¶19

According to the petitioner, he is a resident of Ayakudi, Palani Taluk, Dindigul District. His case is that the sixth respondent was awarded the tender for reparing, relaying of the State Highways Road and construction of new bridges between Ayakudi and Amarapoondi. The sixth respondent without taking any precautionary measures dug numerous pits on the stretch of the said road for the purpose of construction of bridge, which resulted in many accidents. Therefore, he has made a representation to the authorities in this regard on 15.07.2020 and alleging inaction on their part, he has moved this writ petition.

¶20

Mrs.J.Padmavathi Devi, learned Special Government Pleader takes notice for the respondents 1 to 5. In view of the order going to be passed in this Writ Petition, notice to the sixth respondent is dispensed with.

¶21

The learned Special Government Pleader appearing for the respondents 1 to 5, on instructions, would submit that all precautionary steps, including provision of reflection stickers, sign board and speed breaker, have been taken to avoid any accident during the reparing, relaying of the State Highways Road and construction of new bridges in between Ayakudi and Amarapoondi. In support of her submission, she also produced the photographs and the letter of the Assistant Divisional Engineer, Highways Department, Construction and Maintenance, Palani to the Divisional Engineer, Highways Department, Construction and Maintenance, Palani in Na.Ka.No.01/2020/E.Va.Tho/ dated 24.08.2020, wherein it is stated as follows:

¶22

“ghh;itapy; fz;Ls;s fojq;fspd;go khtl;l Kf;fpar; rhiyahd giHa

¶23

Maf;Fo-bghUSh; rhiy (M 900) fpkP. 2/8-y; (PBMC) jpl;lj;jpd;fPH; rpWghyk; fl;Lk; gzp eilbgw;W tUfpwJ. mjw;fhd Kd;bdr;rhpf;if eltof;ifahf xspUk; jLg;ghd;fs;> vr;rhpf;ifg;gyif kw;Wk; kz;zhy; Md jw;fhypf rpW Ntfj;jilfs; mikf;fg;gl;L tpgj;J Vw;glhj tifapy; ghJfhg;g[ eltof;iffis xg;ge;jf;fhuh; bra;J cs;shh;. ,jw;fhd Mjhukhf g[ifg;gl https://hcservices.ecourts.gov.in/hcservices/

¶24

2/4

¶25

W.P.(MD)No.16899 of 2020

¶26

efy;fs; ,j;Jld; ,izf;fg;gl;Ls;sJ. NkYk; fle;j QhapW 12.07.2020 md;W muR mwptpj;j KG Culq;F cj;jutpid kPwp Maf;Foapy; trpf;Fk; egh; jdJ ,U rf;fu thfdj;jpy; Ntfkhf te;J jLg;g[fisa[k; kPwp tpgj;Jf;Fs;shdhh; vd;W bjhpa tUfpwJ. NkYk; ,t;tpgj;jpw;F mthpd; ftdkpd;ika[k;> kpf Ntfkhf thfdj;jpid brYj;jp te;Js;shh; vd;Wk; bjhpa tUfpwJ. vdNt ,t;tpgj;jpw;F mthpd; ftdkpd;ika[k;> kpf Ntfkhf thfdj;jpid brYj;jp te;Js;shh; vd;Wk; bjhpatUfpwJ. vdNt ,t;tpgj;J Vw;gl beLq;rhiyj;Jiw vt;tpjj;jpYk; fhuzkhf mikatpy;iy vd;gija[k;

¶27

,jd;Kyk; bjhptpj;Jf; bfhs;fpNwd;.”

¶28

In view of the submission made by the learned Special Government Pleader, appearing for the respondents 1 to 5, this Writ Petition is disposed of with a direction to the respondents 1 to 5 to take all safety and precautionary stepts to avert any accident in the future. No costs.

¶29

¶30

NOTE: In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

¶31

¶32

1.The Principal Engineer, State Highways Department, Rajbhavan, Guindy, Chennai.

¶33

2.The District Collector, Dindigul District, Dindigul.

¶34

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

¶35

3/4

¶36

W.P.(MD)No.16899 of 2020

¶37

3.The Revenue Divisional Officer, Palani, Dindigul District.

¶38

4.The Divisional Engineer, State Highways Department, Palani, Dindigul District.

¶39

5.The Assistant Divisional Engineer, State Highways Department, Palani, Dindigul District.

¶40

W.P.(MD)No.16899 of 2020 27.11.2020

¶41

VB (10.12.2020) 4P 6C

¶42

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

¶43

4/4

Vaikkalsamy v. The Prl. Engineer

Case brief

What is this about?

What did the court decide?

Vaikkalsamy v. The Prl. Engineer

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

Similar cases

N.Kamal Vs the Commissioner

Alagar @ Aravind Vs the District Collector

P.Gurusamy Vs T.Krishna Moorthy

R.Natarajan, Vs L.Ramani,D/O.Late.L.Muthuswamy

I.Auspin Jeba Raj Vs the Secretary to Govt

R.Subbulakshmi Vs the Manager