S.M.A. Pon Gandhimathinathan v. The State of Tamil Nadu
WP(MD)/4076/2025 · 2025-06-03
A D Maria Clete, S M Subramaniam
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 122076 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122076 (MAD) · dailylaw.ai ]
Judgment text
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W.P(MD)No.4076 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD)No.4076 of 2025 S.M.A.Pon Gandhimathinathan
... Petitioner vs. 1.The State of Tamil Nadu, Represented by the Secretary, Department of Highways, Fort St. George, Secretariat, Chennai – 9. 2.The Chief Engineer, Highways Department, Integrated Chief Engineer's Office, HRS Complex, No.76, Sardar Patel Road, Guindy, Chennai – 25. 3.The District Collector, Collectorate, Thoothukudi District. 1/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.4076 of 2025 4.The Superintending Engineer, Department of Highways, A-50, 3rd Main Road, Maharaja Nagar, Palayamkottai, Tirunelveli District. 5.The Divisional Engineer, Department of Highways, Ottapidaram, Thoothukudi Melur, thoothukudi District. 6.The Municipal Commissioner, O/o.the Municipal Commissioner, Thiruchendur Municipality, Thoothukudi District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to lay two way by pass road and refurbish the 40 KM distance bitumen road between Thoothukudi to Thiruchendur to mitigate the perennial traffic congestion and for the usage of pedestrians/devotees leading to Tiruchendur Murugan Temple by considering the petitioner's representation dated 21.01.2025 within the time stipulated by this Court. For Petitioner : Mr.I.Pinaygash For RR 1 to 5 : Mr.P.Thilak Kumar Government Pleader For R – 6 : Mr.H.Arumugam 2/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.4076 of 2025
ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to direct the respondents to lay a two-way bypass road and refurbish the 40 km bitumen road between Thoothukudi and Thiruchendur, in order to mitigate perennial traffic congestion and to facilitate the movement of pedestrians and devotees to the Tiruchendur Murugan Temple, based on the petitioner's representation dated 21.01.2025 2.The nature of the relief sought for pertains to a policy decision to be made by the Government. Such policy decisions, involving significant financial commitments, are to be taken at the Government level after considering various factors. Therefore, the High Court, in the exercise of its powers of judicial review, cannot issue a direction to lay or relay the roads which involve huge expenditure. 3/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.4076 of 2025 3.The learned Government Pleader for the respondents 1 to 5 would submit that a project has already been undertaken in this regard. 4.Be that as it may, the relief as such sought for in the Writ Petition cannot be granted. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.
[S.M.S.,J.] & [A.D.M.C.,J.] 03.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.4076 of 2025 To 1.The Secretary, Represented by the State of Tamil Nadu, Department of Highways, Fort St. George, Secretariat, Chennai – 9. 2.The Chief Engineer, Highways Department, Integrated Chief Engineer's Office, HRS Complex, No.76, Sardar Patel Road, Guindy, Chennai – 25. 3.The District Collector, Collectorate, Thoothukudi District. 4.The Superintending Engineer, Department of Highways, A-50, 3rd Main Road, Maharaja Nagar, Palayamkottai, Tirunelveli District. 5.The Divisional Engineer, Department of Highways, Ottapidaram, Thoothukudi Melur, thoothukudi District. 6.The Municipal Commissioner, O/o.the Municipal Commissioner, Thiruchendur Municipality, Thoothukudi District. 5/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.4076 of 2025 S.M.SUBRAMANIAM
, J.
and DR.A.D.MARIA CLETE
, J.
ps
ORDER MADE IN W.P(MD)No.4076 of 2025 DATED : 03.06.2025 6/6 https://www.mhc.tn.gov.in/judis