Madras High Court
A.S.Madhehwaran vs The Commissioner on 17 August, 2015
Bench: Sanjay Kishan Kaul, T.S.Sivagnanam
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.08.2015 CORAM The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.No.25460 of 2015 A.S.Madhehwaran .. Petitioner -vs- The Commissioner, Attur Municipality, Salem. .. Respondent Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondent to lay and maintain the tar road and provide proper drainage facility in ward no.25, Gori Street, Attur Municipality, Salem District. For Petitioner : M/s.R.Poornima For Respondents : Mr.S.T.S.Moorthy Govt. Pleader, assisted by Mr.V.Shanmughasundar, Govt. Advocate * * * * * O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The petitioner seeks re-laying of a road under the Attur Municipality, Salem District. It is stated that in pursuance to the information obtained from the Right to Information Act, it has been informed that the road was laid 15 years ago. We, however, do not have any funds to allocate to the Municipality for making of the road. On our specific query, no document has been pointed out to us by which the petitioner or other residents have gone to their Corporator and made a representation. We say so, as in matters of administration, there has been devolution of power by creation of Panchayats, Corporations and the elected Corporator has an obligation to represent the grievance of his electorate and that is where the petitioner and such persons should have approached.
2.We are sure that there would be norms as to when a road is to be relaid, keeping in mind the financial feasibility.
3.The petitioner being a trained advocate would have the expertise to follow up the matter administratively and thus, it is for him to approach the Municipality and the Corporator concerned for taking up the matter of non-laying of road, a malady which affects not only the municipality in question. The representation made by the petitioner on 18.05.2015 may be disposed of by the Municipality.
4.Writ Petition, accordingly, stands disposed of. No costs.
(S.K.K., CJ.) (T.S.S,J.) 17.08.2015 Index : Yes/No Website : Yes/No sra To The Commissioner, Attur Municipality, Salem.
The Hon'ble Chief Justice and T.Sivagnanam, J.
(sra) W.P.No.25460 of 2015 17.08.2015