This PIL concerning the removal of road crash guard barriers leading to road hazards was disposed of after the State counsel assured reinstallation once canal renovation work, expected to complete in February 2024, is concluded.
PIL petition disposed of on settled facts with assurance of reinstallation; no order as to costs.
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.
W.P(MD)No.24220 of 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
W.P(MD)No.24220 of 2023
Tamilnesan
.. Petitioner
vs
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W.P(MD)No.24220 of 2023
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
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.
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W.P(MD)No.24220 of 2023
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.
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W.P(MD)No.24220 of 2023
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 Neutral Citation : Yes/No ps
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To
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W.P(MD)No.24220 of 2023
M.SUNDAR, J., and R.SAKTHIVEL, J.,
ps
W.P(MD)No.24220 of 2023
11.10.2023
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1 issue framed by the court
Whether the Highways Department should be directed to reinstall road crash guard barriers removed for renovation work.
1 provisions across 1 enactments
Tamilnesan
The District Collector, Thanjavur District
The Superintending Engineer (Water Resource)
The Divisional Engineer, Highways Department
The Executive Engineer, Water Resource Department
The Project Officer, Renats Project Private Limited
M.SUNDAR
R.SAKTHIVEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
