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Judgment
S. Manikumar, J—Claiming himself to be a public interest litigant, the petitioner, has sought for a Writ of Mandamus, directing the Chief Secretary to Government of Tamil Nadu, Chennai, and Chief Engineer, State Highways Department, Chennai, respondents 1 and 2 respectively, to take disciplinary action, against the Divisional Engineer, Highways and Building Maintenance, Tirunelveli, the 3rd respondent herein, after inspection by the vigilance, for the improper laying of highway road from Palayamkottai High ground to Papanasam, and for a consequential direction, to respondents 1 to 3, to maintain the said road, by removing all the posts and transformers, erected by the Chief Engineer, Tamil Nadu Generation and Distribution Corporation Limited., (TANGEDCO), Chennai, and the Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited., (TANGEDCO), Tirunelveli, respondents 4 and 5 respectively, and for a direction to the abovesaid respondents, to lay cables under ground, in all the narrow roads in Tirunelveli District.
According to the petitioner, due to damaged condition of the abovesaid roads, travel time is increased, vehicles are damaged, there is physical and mental strain to the road users. The Divisional Engineer, Highways and Building Maintenance, Tirunelveli, the 3rd respondent herein, has not used the materials, in proper ratio, and thus there are many pits on the road. Some of the roads are very narrow and in those roads, electric posts have been installed, for example, from Tirunelveli Town to Cheranmahadevi road and Tirunelveli Town to Tenkasi Road. After obtaining particulars, under the Right to Information Act, 2005, petitioner has sent representations. As no action was taken, petitioner has filed the present writ petition, for the relief, stated supra.
The Divisional Engineer, Construction and Maintenance, Tirunelveli, has filed a counter affidavit, for himself and on behalf of other respondents. Reiterating the averments made therein, Mr. M. Govindan, learned Special Government Pleader, submitted that disciplinary action sought for by the petitioner against the 3rd respondent, by filing the present writ petition, in form of a pro bono publico, is not maintainable in law. According to him, respondents are discharging their duties, in the interest of public at large.
He further submitted that the petitioner is making false allegations, to remove the road side electric posts and to remove the encroachments, on the impression that laying of the road has not been done properly. However, the respondents have decided to improve the road, in a Hi-teach manner, by widening, after removing the electric post and encroachment, but the same would be done, only after allocation of funds by the State.
Learned counsel for the State, further submitted that the petitioner has sought for improvement of road from Palayamkottai High ground Hospital to Papanasam. The entire stretch of the abovesaid road, is coming under the purview of the 3rd respondent and it has been segregated into four main phases. The details regarding the condition of the road, in all the four phases, mentioned in the counter affidavit, are extracted hereunder:--
"Phase I
Which is running West to East from 0/100 to 2/800 i.e. 2.70 Kilometers, which is under the classification of Major District Road. It is running between Palayamkottai High Ground Hospital to Palayamkottai Bus Stand, this road is in a good condition and a small stretch measuring about 1.4 kilometres laying in road of work have been completed in Local Area Development Fund of member of Parliament.
Phase II
The second stretch of road running North to South 1.2 Kilometres by crossing the Railway Track and this road also is in good condition.
Phase III
This stretch of road running East to West from 54/2 to 92/2 in between Ventral Jail to Ambasamduram which is measuring about 28 kilometres. In which there was a construction of Railway over bridge in Km 60/2 Kilometre for this purpose a short span (400M) each side there is a service road, which is also maintained in a motorable condition. The above service road is in a project wing of Highways which is under the direct supervision of Divisional Engineer, Project Wing, Tirunelveli Patch Work is being attended in stretch of Km 54/2-61/0.
Immediately, after the 400 meters of service road the stretch in Km 61/0-64/0 laying of road work is under progress and which will be completed on or before March 2015 and the distance between Km 64/0 - 65/0 flood work was implemented. And the road is in a good condition as on date which is motorable condition. Thereafter, from Km 65/0 - 85/0 the TNRSP wing is undertaking a work of laying of new road an d proposed to widen the road for which the land acquisition process is in progress and the above project will be commenced within the short span of time and immediately after the land acquisition process was over. And as a temporary measure this respondent doing patch works for the purpose of maintenance of the present road. This respondent also sent a proposal to the state for immediate improvement of the road till the interim period of TNRSP project.
Km 85/0 - 87/0 patch work is carried out by this respondent. In 87/100 - 88/0 proposed to carried out works in CRIDP scheme and work will be completed on or before March 31st 2015. Km 88/0 - 92/2 in Motorable condition.
Phase IV
This road running between 0/0 - 2/6 North to South is now in motorable condition from 2/6 to 4/2 is taken up under CRIDP Scheme, and work will be executed and completed on or before March 31st 2015. 4/2 - 5/0 is in good condition then from 5/0 - 8/0 under SR/PR scheme this year and will be completed on or before March 31st 2015 and from 8/0 - 8/6 patch work is carried out and now the road is in motorable condition. Papanasam Temple is located at Km 8/6 of this road."
Referring to the work being carried out, in all the four phases, as extracted above, learned Special Government Pleader, submitted that the work in the abovesaid areas, is in progress and regarding the other areas, work is under proposal stage. He further submitted that the 3rd respondent is maintaining the road in a motorable/good condition and therefore, the prayer of the petitioner seeking improvement of the road in a Hi-tech manner, by widening the road, after removal of electric post and encroachment, cannot be done, as an emergency measure, and that the same would be done, only after getting concurrence and fund from the State.
Learned Special Government Pleader further submitted that Palayamkottai High Ground to Papanasam Temple Town, is an important stretch of road and therefore, considering the flow of traffic, the said road, is under the maintenance of the 3rd respondent. According to the State Counsel, the existing roads would be improved, only after thorough study, by an agency, from time to time, as appointed by the State Government, considering the usage of road and flow of traffic and it cannot be done immediately, at the whims and fancies of the petitioner. For the abovesaid reasons, learned Special Government Pleader, prayed for dismissal of the writ petition.
The Divisional Engineer, Construction and Maintenance, Tirunelveli, has also filed a report, regarding the condition of the road and the repair work carried out, which is extracted hereunder:--
In addition to the above, learned Special Government Pleader submitted that the subject road, is being re-laid and 95% of work is over and that the remaining work, would be undertaken thereafter.
Having gone through the contents of the counter affidavit and the report filed by the Divisional Engineer, Construction and Maintenance, Tirunelveli, extracted above, we are not inclined to issue any Mandamus, as sought for by the petitioner. Hence, the writ petition is disposed of, recording the report filed by the Divisional Engineer, Construction and Maintenance, Tirunelveli. No costs.