In WP(MD) No.4292 of 2024, the petitioner sought a direction for road relaying due to potholes on a toll stretch. The Court noted the Authority's pending estimate and disposed of the petition.
Writ petition disposed of without costs; no specific direction for road relaying granted.
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.4292 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.02.2024
CORAM:
THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE G.ILANGOVAN
W.P.(MD) No.4292 of 2024 and
W.M.P.(MD) No.4126 of 2024
V.Senthilkumar
... Petitioner
-vs-
Ministry of Road Transport and Highways 1, Parliament Street New Delhi-110 001
No.1, Lake Area, Melur Main Road Madurai-625 107
3.National Highways Authority of India rep.by its Project Director In-charge of NH-38 (Old No.45B) Thattaparai Vilakku Pudukottai Post
Thoothukudi-628 103
Page 1 of 6
W.P.(MD) No.4292 of 2024
Madurai NH Road Valayankulam Madurai-625 022
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the third respondent to carry out the process of scraping the old damaged road and relaying of new road in the fourway laning between Madurai to Aruppukottai Stretch NH-38 (59.2 km) in order to ensure
a smooth driving and pleasant travel also avoiding major accidents.
For Petitioner : Mr.P.Saravanakumar For Respondents : Mr.K.Govindarajan Assistant Solicitor General of India
O R D E R
[Order of the Court was made by The Hon'ble CHIEF JUSTICE]
We have heard Mr.P.Saravanakumar, learned counsel for the petitioner and Mr.K.Govindarajan, learned Deputy Solicitor General of India, for the respondents.
Page 2 of 6
W.P.(MD) No.4292 of 2024
2. Learned counsel for the petitioner submits that the road in question is a toll road. There are many potholes on the road. Application was given by the villagers for scraping the road and relaying it. There is more vehicular traffic on the road.
3. According to the respondents, the process of filling the potholes is undertaken on priority basis. The grievance of the petitioner is seriously noted and steps are being taken.
4. The reply given to the representation of the petitioner by the Highways Authority accepts about the improper maintenance of the captioned highway. The reply also states that an estimate for overlaying the road throughout the length of highways has been proposed by the Office and it is under process of approval by the competent authority. The decision shall be taken in that regard expeditiously. We hope and trust that the decision will be taken within a period of three to four months. Till the decision is taken for overlaying works throughout the length of highways, the potholes may be filled on priority basis.
____________ Page 3 of 6
W.P.(MD) No.4292 of 2024
5. With this observation, the writ petition is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
[S.V.G., C.J.] [G.I., J.]
26.02.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No
krk
To: 1.The Secretary to Government, Union of India, Ministry of Road Transport and Highways, 1, Parliament Street, New Delhi-110 001.
2.The Regional Manager, National Highways Authority of India, Regional Office, No.1, Lake Area, Melur Main Road, Madurai-625 107.
3.National Highways Authority of India, rep.by its Project Director, In-charge of NH-38 (Old No.45B), Thattaparai Vilakku, Pudukottai Post, Thoothukudi-628 103.
Page 4 of 6
W.P.(MD) No.4292 of 2024
4.The Toll In-Charge Officer, Eliyarpathi Toll Plaza, Thoothukudi, Madurai NH Road, Valayankulam, Madurai-625 022.
Page 5 of 6
W.P.(MD) No.4292 of 2024
THE HONOURABLE CHIEF JUSTICE and G.ILANGOVAN , J.
krk
W.P.(MD) No.4292 of 2024 and W.M.P.(MD) No.4126 of 2024
26.02.2024
____________ Page 6 of 6
1 issue framed by the court
Whether the writ petitioner is entitled to a direction for scraping the old damaged road and relaying of new road on NH-38.
Senthilkumar
Secretary to Government Union of India
Regional Manager National Highways Authority of India
National Highways Authority of India
Toll In-Charge Officer Eliyarpathi Toll Plaza
Sanjay V. Gangapurwala
G. Ilango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
