Madras High Court
The Executive Engineer vs Project Director on 27 September, 2021
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.Nos.5536, 5450, 4980, 5575 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.Nos.5536, 5450, 4980, 5575 of 2015
and
M.P.Nos.1, 1, 1, 1, 2 & 2 of 2015
W.P.Nos.5536 and 5450 of 2015:
The Executive Engineer, WRO,
Public Works Department,
Kosasthalaiyar Basin Division,
Thiruvallur. .. Petitioner in both W.Ps
Vs
Project Director,
National Highways Authority of India,
Project Implementation Unit,
Sri Towers, 3rd Floor,
DP 34 (SP) Industrial Estate,
Guindy, Chennai- 600 032. .. Respondent in both W.Ps
PRAYER in W.P.Nos.5536 of 2015 : Writ Petition filed Under Article 226
of the Constitution of India, to issue a writ of Certiorari, calling for the
records of the respondent dated 21.02.2015 in NHAI/10811/10.28/2015/PIU.
Chennai/484 on the file of the respondent and quash the same.
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W.P.Nos.5536, 5450, 4980, 5575 of 2015
PRAYER in W.P.Nos.5450 of 2015 : Writ Petition filed Under Article 226
of the Constitution of India, to issue a writ of Certiorari, to call for the
records on the file of the respondent issued proceedings in Letter
No.NHAI/18011/10.28/2014/PIU.Chennai/399; dated 11.02.2015, Letter
No.NHAI/18011/10.28/2014/PIU.Chennai/447; dated 18.02.2015 and Letter
No.NHAI/18011/10.28/2014/PIU.Chennai/465; dated 19.02.2015.
For Petitioner : Mr.C.Kathiravan
[in both W.Ps] Government Advocate
For Respondent : Mr. Adithya Raj
[in both W.Ps] For M/s.P.Willson Associates
W.P.No.4980 of 2015:
Project Director,
National Highways Authority of India,
Project Implementation Unit,
Sri Towers, 3rd Floor,
DP 34 (SP) Industrial Estate,
Guindy, Chennai- 600 032. ..Petitioner
Vs
1. The Chief Engineer,
Public Works Department,
Chennai Region, Water Resources Organisation,
Chepauk, Chennai 600 005.
2. The Superintending Engineer,
Public Works Department,
Palar Basin Circle, Water Resources Organisation,
Chepauk, Chennai 600 005.
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W.P.Nos.5536, 5450, 4980, 5575 of 2015
3. The Executive Engineer, WRD,
Public Works Department,
Kosasthalaiyar Basin Division,
Thiruvallur,
4. The State of Tamil Nadu,
Represented by the Inspector of Police (L&O),
T14 Police Station,
Plot No.2, Chakra Nagar,
Mangadu, Chennai 600 122.
5. MEP Chennai Bypass Toll Road Private Limited,
Vanagaram Toll Plaza,
Porur,
Chennai – 600 116. ..Respondents
Prayer in W.P.No.4980 of 2015: Writ Petition filed Under Article 226 of the
Constitution of India, to issue a writ of Mandamus, forbearing the
Respondents 1 to 3 from in any way trespassing into the Chennai By-pass
connecting the NH45 and 5 and damaging the national highways road either
by way of laying pre-cast box culvert canal or in any other manner without
written permission from the petitioner.
For Petitioner : Mr. Adithya Raj
for M/s.P.Willson Associates
For Respondents : Mr.C.Kathiravan
Government Advocate
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W.P.No.5575 of 2015:
Project Director,
National Highways Authority of India,
Project Implementation Unit,
Sri Towers, 3rd Floor,
DP 34 (SP) Industrial Estate,
Guindy, Chennai- 600 032. ..Petitioner
Vs.
1. The State of Tamil Nadu,
Represented by its Principal Secretary
to the Government,
Home, Prohibition and Excise Department,
Secretariat, Chennai 600009.
2. The Commissioner of Police (L&O), North
Office of the Commissioner of Police,
Vepery, Chennai- 600 007.
3. The Inspector of Police (Law and Order),
T14 Police Station,
Plot No.2, Chakra Nagar,
Mangadu, Chennai 600 122.
4. The Executive Engineer, WRD,
Public Works Department,
Kosasthalaiyar Basin Division,
Thiruvallur.
5. MEP Chennai Bypass Toll Road Private Limited,
Vanagaram Toll Plaza,
Porur,
Chennai – 600 116. ..Respondents
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W.P.Nos.5536, 5450, 4980, 5575 of 2015
Prayer in W.P.No.5575 of 2015: Writ Petition filed Under Article 226 of the
Constitution of India, to issue a writ of Mandamus, directing the respondents
1 to 3 to provide police protection to the petitioner to enforce the order of the
petitioner dated 21.02.2015 issued in exercise of the power conferred under
the control of National Highways (Land and Traffic) Act, 2002 to remove the
unauthorised and illegal structures erected by the 4th respondents over the
Chennai Bye Pass road which endangers the safety and security of the road
users.
For Petitioner : Mr. Adithya Raj
for M/s.P.Willson Associates
For Respondents : Mr.C.Kathiravan
Government Advocate
COMMON O R D E R
W.P.Nos.5536 & 5450 of 2015 The relief sought for in the present Writ petitions is to quash the orders dated 21.2.2015, 11.02.2015, 18.02.2015 and 19.02.2015 passed by the first respondent.
2. In view of the fact that the relevance in respect of the relief did not exists as of now, no further consideration is required. If at all, any grievances exists for the petitioner, they are at liberty to take the matter before the 5/9 http://www.judis.nic.in W.P.Nos.5536, 5450, 4980, 5575 of 2015 appropriate authority for resolving the issues.
3. With these observations, the Writ petitions in W.P.Nos.5536 & 5450 of 2015 stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed. W.P.Nos.4980 & 5575 of 2015 W.P.No.4980 of 2015: The relief sought for in the present writ petition is to forbear the Respondents 1 to 3 from in any way trespassing into the Chennai By-pass connecting the NH45 and 5 and damaging the national highways road either by way of laying pre-cast box culvert canal or in any other manner without written permission from the petitioner.
1.1 W.P.No.5575 of 2015: The relief sought for in the present writ petition is to direct the respondents 1 to 3 to provide police protection to the petitioner to enforce the order of the petitioner dated 21.02.2015 issued in exercise of the power conferred under the control of National Highways (Land and Traffic) Act, 2002 to remove the unauthorised and illegal structures erected by the 4th respondents over the Chennai Bye Pass road which endangers the safety and security of the road users. 6/9 http://www.judis.nic.in W.P.Nos.5536, 5450, 4980, 5575 of 2015
2. On account of efflux of time, the relief as such sought for in these writ petitions lost its relevance and if at all, the grievance exists now after a lapse of 5 years, it is left open to the petitioner to raise the issues before the appropriate authority for resolving the same in the manner known to law.
3. With these observations, the Writ petitions in W.P.Nos.4980 & 5575 of 2015 stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
27.09.2021 Internet:Yes Index : Yes nti/kak To
1. Project Director, National Highways Authority of India, Project Implementation Unit, Sri Towers, 3rd Floor, DP 34 (SP) Industrial Estate, Guindy, Chennai- 600 032.
2. The Chief Engineer, Public Works Department, 7/9 http://www.judis.nic.in W.P.Nos.5536, 5450, 4980, 5575 of 2015 Chennai Region, Water Resources Organisation, Chepauk, Chennai 600 005.
2. The Superintending Engineer, Public Works Department, Palar Basin Circle, Water Resources Organisation, Chepauk, Chennai 600 005.
3. The Executive Engineer, WRD, Public Works Department, Kosasthalaiyar Basin Division, Thiruvallur,
4. The Inspector of Police (L&O), T14 Police Station, Plot No.2, Chakra Nagar, Mangadu, Chennai 600 122.
5. MEP Chennai Bypass Toll Road Private Limited, Vanagaram Toll Plaza, Porur, Chennai – 600 116.
6. The Principal Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600009.
7. The Commissioner of Police (L&O), North Office of the Commissioner of Police, Vepery, Chennai- 600 007.
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