Madras High Court
R.Sivakumar vs The District Collector on 22 September, 2017
Author: M.Sundar
Bench: Indira Banerjee, M.Sundar
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.09.2017 CORAM The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.SUNDAR W.P.No.24685 of 2017 R.Sivakumar .. Petitioner vs. 1.The District Collector, District Collectorate, Dheeran Chinnamalai Maaligai, Erode District 638 011. 2.The Project Director, Project Implementation Unit (NS), National Highways Authority of India, Ministry of Road Transport and Highways, Door No.212-3/D3-1, Sri Nagar Colony, Narasothipatti, Salem District 636 004. .. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the second respondent to erect a high level over bridge and or to construct an underpass subway or any other convenient mode of passage for the benefit of members of the general public, pedestrians and school children studying at Tiruvachi Government Middle School to cross the National Highways road at Tiruvachi Village, Perundurai Taluk, Erode District and to complete the unfinished serve lane road work at National Highways 47 in Salem Kumarapalayam Chengapalli Section in time bound manner in compliance with the guidelines and statutory requirements of National Highways Authority of India after considering the representation of the petitioner dated 16.5.2017 expeditiously within a stipulated time. For Petitioner : Mr.C.E.Pratap For Respondents : Mr.M.K.Subramanian Government Pleader for 1st respondent Mr.S.Arulandu for M/s.P.Wilson Associates for 2nd respondent ORDER
(Order of the Court was made by the Hon'ble Chief Justice) This writ petition, in public interest, has been filed seeking orders on the concerned respondent inter alia to erect a high level over bridge or an underpass subway to enable the pedestrians to cross the National Highway No.47 at Tiruvachi Village, Perundurai Taluk, Erode District.
2. The petitioner has in the writ petition annexed photographs which show that there is a pedestrian crossing (zebra crossing) across the National Highway. The photographs are of school children dangerously crossing the highway, as some persons signal heavy vehicles to stop. The pedestrian crossing (zebra crossing) is exfacie a potential accident spot, as vehicles speed along the National Highway. Speeding vehicles may not be able to stop. Lives of pedestrian particularly small children are at constant risk.
3. The National Highway Authority of India is directed to construct an over bridge at the crossing at the earliest and in any case within eight weeks from the date of communication of this order. Pending erection of over bridge, traffic lights shall be installed and adequate number of policemen posted at the crossing by the State. The National Highways Authority of India shall also expedite completion of the service lane/road at the earliest.
4. The writ petition is disposed of with the above observations and directions. No costs.
(I.B., CJ.) (M.S., J.)
22.09.2017
Index : No
Internet : Yes
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To:
1.The District Collector,
District Collectorate,
Dheeran Chinnamalai Maaligai,
Erode District 638 011.
2.The Project Director,
Project Implementation Unit (NS),
National Highways Authority of India,
Ministry of Road Transport and Highways,
Door No.212-3/D3-1, Sri Nagar Colony,
Narasothipatti,
Salem District 636 004.
THE HON'BLE CHIEF JUSTICE
AND
M.SUNDAR, J.
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W.P.No.24685 of 2017
22.09.2017