Consumer Protection Council vs National Highways Authority Of … on 13 March, 2012
Madras High Court
Madras High Court
Consumer Protection Council vs National Highways Authority Of … on 13 March, 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13/03/2012
CORAM
THE HONOURABLE MRS.JUSTICE CHITRA VENKATARAMAN and
THE HONOURABLE MR. JUSTICE R.KARUPPIAH
WRIT PETITION (MD) No.11974 OF 2011
Consumer Protection Council
Represented by its Secretary,
D53, 2nd Floor, Red Star Annexe,
Thillainagar Main Road,
Tiruchirappalli – 620 018. … Petitioner
vs.
1.National Highways Authority of India,
Rep. by its Chairman,
Dwarka,
New Delhi – 110 075.
2.The Chief General Manager,
National Highways Authority of India,
Chennai – 600 034.
3.The Divisional Railway Manager,
Southern Railways,
Trichy Division,
Tiruchirappalli – 1.
4.The Commissioner,
Tiruchirappalli City Municipal Corporation, Tiruchirappalli – I. .. Respondents
Indian Kanoon – http://indiankanoon.org/doc/80718831/
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Consumer Protection Council vs National Highways Authority Of … on 13 March, 2012
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the
The Essay on National highway
With the dumping of garbage on both sides of the national highway at various locations, many a time people using the road are put to inconvenience by the stench that emanates from the garbage dumped indiscriminately. Inspite of awareness on why use of plastic should be avoided, people continue to use plastics. It forms a major chunk of the garbage dumped along the national highway. Disposal of ...
first and second respondents to expeditiously implement their expression of willingness in communication
bearing No.NHAI/PD/Try/NH-A4/VIC/2008/1738 dated 25.8.2008 for construction of an underpass at the G
corner junction to facilitate access to vehicles from the Trichy side of the four lane Highway to Golden Rock
in Tiruchirappalli.
!For petitioner … Mr.G.R.Swaminathan ^For respondents 1 and 2 … Mr.C.Arul Vadivel Sekar Asst.Solicitor
General of
India
For 3rd respondent … Mr.S.Manohar For 4th respondent … Mr.P.Srinivas
:ORDER
(Order of the Court was made
by CHITRA VENKATARAMAN, J)
The present Writ Petition is a public interest litigation at the instance of the Consumer Protection Council,
Tiruchirappalli, for a Mandamus to direct the first and second respondents to expeditiously implement their
expression of willingness in communication bearing No.NHAI/PD/Try/NH-A4/VIC/2008/1738 dated
25.8.2008 in respect of construction of an underpass at the G corner junction to facilitate access to vehicles
from the Trichy side of the four lane Highway to Golden Rock in Tiruchirappalli.
2. On notice, the first and second respondents have filed a counter affidavit before this Court wherein it is
specifically pointed out that the respondents have completed the road works by Concessionaire under Build
Operate and Transfer (BOT) basis and provisional completion certificate was issued on 5.5.2010 and the
entire stretch was thrown open for public traffic as early as on 6.5.2010. It is further stated that Golden Rock
Workshop and the Colony is surrounded by a compound wall exclusively meant for the use of the railway
employees and the colony people. The location at which vehicular Underpass (VUP) sought for by the
petitioner is near ‘G’ corner at Km.322/000[ch.36/700] in Padalur – Trichy Section of NH 45 from
Km.285/000 to 325/000. The road leading to Ponmalai is not Government Highway Road. It purely belongs to
Railway Department and they also fixed a caution board to the effect that trespassers are not allowed. That
entire stretch is not allowed for the public usage of Ponmalaipatti, Kalkandarkottai and other villages. The
The Report on Should the Government Spend More Money on Improving Roads and Highways or on Public Transportation
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Railway lines for Madras chord line and Thanjavur main line are crossing by separate overbridges. Hence, the
contention that the Ponmalai road is used by all villages adjacent to Railway Workshop is not correct.
3. It is further stated that after considering the request of Ponmalai Railway Workshop and after several
meetings with Railway officials concerned, a proposal for providing a facility of VUP prepared with drawings
was furnished to the Railway Department with a request to bear the cost and to spare the land with free of
costs. Only after thorough deliberation, the present arrangements were made. It is further averred that the
formation of service road from ‘G’ corner to TVS toll Gate from Km.322/000 to 323/000 on LHS was delayed
because of the pendency of the Writ Petitions by local public and after settlement of the cases, the present
service road was completed.
4. Learned Assistant Solicitor General of India brought to our attention the communication dated 28.8.2010
addressed to the Secretary, Federation of Consumer and Service Organisation, Trichy, pointing out to the
queries raised and reply thereof to each one of the issues. A reading of the same shows that the commercial
operation of the road was started by 6.5.2010 as well as access road was thrown opened for public traffic from
Trichy to Ponmalai with effect from 10.8.2010. The traffic from Chennai side to ‘G’ corner can now have free
left turn at ‘G’ corner location. Therefore, the question of hardship as alleged will not arise.
Indian Kanoon – http://indiankanoon.org/doc/80718831/
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Consumer Protection Council vs National Highways Authority Of … on 13 March, 2012
5. Considering the arrangements thus made as indicated in the counter affidavit, we do not find any grievance
The Essay on Design and Implementation of a Web-Service Based Public-Oriented
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as such could be subsisting as of today for this Court to interfere. Further correspondences by the first and
second respondents to the District Collector shows as regards the provision of underpass at ‘G’ corner in the
representation made by the Consumer Protection Council to the Chief Minister of Tamil Nadu, the work was
already over.
6. Learned counsel for the petitioner submitted that the matter be adjourned to find out again as regards the
cost involved and for the Senior Counsel to appear, which may be of no relevance herein.
7. In a public interest litigation, if the petitioner has approached this Court making any complaint or any
grievance as regards the public service to be rendered by the statutory authorities and when the statutory
authority, on notice, has satisfactorily explained the position and the availability of the service effectively, we
do not find justifiable ground to post-pone hearing of the matter.
8. In the circumstances, the Writ Petition stands closed. No costs.
asvm
To
1.The Chairman,
National Highways Authority of India,
Dwarka,
New Delhi – 110 075.
2.The Chief General Manager,
National Highways Authority of India,
Chennai – 600 034.
3.The Divisional Railway Manager,
Southern Railways,
Trichy Division,
Tiruchirappalli – 1.
4.The Commissioner,
Tiruchirappalli City Municipal Corporation,
Indian Kanoon – http://indiankanoon.org/doc/80718831/
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