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2025 DAILYLAW 74190 (MAD)

S.KUMAR v. THE PROJECT OFFICER

WP/24196/2025 · 2025-07-03

N Mala

Transfer Petitionbody2025

Judgment text

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W.P.No.24196 of 2025 IN THE HIGH COURT AT JUDICATURE AT MADRAS DATED: 03.07.2025 CORAM THE HON'BLE MRS.JUSTICE N.MALA W.P.No.24196 of 2025 and W.M.P.No.27232 of 2025 S. Kumar ...Petitioner Vs. 1.The Project Officer, National Highways Authority of India, Project Implementation Unit (PIU)- Kanchipuram Plot No.20, 1 st Floor, Pallavan Nagar Main Road, Maduravoyal, Chennai – 600 095. 2. The District Collector, Kanchipuram District 3. The Block Development Officer, Kanchipuram District. 4. The President, Thiruppukuzhi Village Panchayat, Baluchetty Chathiram Post, Kanchipuram- 631 551. ...Respondents 1/6 https://www.mhc.tn.gov.in/judis W.P.No.24196 of 2025 Writ petition is filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus to consider petitioner's representation dated 27.06.2025 to construct an underpass or tunnel connecting Baluchetty Chatram to Thiruputkuzhi Village crossing National Highway 4 in Kanchipuram Taluk and District, in a time bound manner and pass orders. For Petitioner : Mr.L. Naveen Kumar For Respondents 1 &2 : Mrs.P. Vijaya Devi, GA For Respondents 3 &4 : Mrs. R. Anitha, SGP ORDER Mrs.P. Vijaya Devi, Government Advocate, takes notice for the first and second respondents. Mrs. R. Anitha, Special Government Pleader, takes notice for the third and fourth respondents. 2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2/6 https://www.mhc.tn.gov.in/judis W.P.No.24196 of 2025 3. This writ petition is filed for a writ of mandamus directing the first respondent to dispose of petitioner's representation dated 27.06.2025 seeking the construction of an underpass or tunnel connecting Baluchetty Chatram to Thiruputkuzhi Village crossing National Highway 4 in Kanchipuram Taluk, within a stipulated time prescribed by this Court. 4. The petitioner states that the respondents proposed the construction of a flyover joining Thiruputkuzhi and Baluchetty Chatram. The proposal was placed before the residents of the said village Panchayat, and after multiple meetings the respondents assured the public that an underpass would be constructed along with the flyover to safeguard easy access to pedestrians. The petitioner states that after an inordinate delay of 13 years, the project commenced only on 20.06.2025 and even then no access was provided as assured. The village of the Thiruputkuzhi and Baluchetty Chatram are directly connected by a road. The residents of the said villages have to cross the road to reach places like schools, market, temple etc.,. The petitioner states that through the said access road is totally unsafe because of heavy traffic and in the absence 3/6 https://www.mhc.tn.gov.in/judis W.P.No.24196 of 2025 of any provision for the pedestrians for crossing the road, the residents of the area were forced to take a circuitous path to reach the aforesaid places. Despite the petitioner's multiple representations from 2017 seeking for a safe crossing facility that would allow people and cattle to cross the road safely between Thirupukkuzhi and Baluchetty Chathiram, no action was taken. Moreover, the alignment of the flyover was shifted 350 meters away towards Musaravakkam Village, as a result the connection between the aforesaid two villages is now seperated by the flyover. The petitioner as a member of the town Panchayat of Baluchetty Chatram, submitted a representation on 27.06.2025, to the first respondent, seeking construction of a under pass connecting Baluchetty Chatram to Thiruputkuzhi Village. As no action was taken the petitioner was constrained to file the above writ petition for the above relief. 5. The learned counsel for the petitioner submitted that even though several grounds were raised in support of the writ petition, the prayer is limited to a direction to the first respondent to dispose of the petitioner's representation dated 27.06.2025, within a time frame fixed by this Court. 4/6 https://www.mhc.tn.gov.in/judis W.P.No.24196 of 2025 6. Considering the facts and circumstances of the case and the limited prayer sought for by the petitioner, this Court directs the first respondent to consider and pass orders on the petitioner's representation dated 27.06.2025, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 7. Accordingly, this writ petition is disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 03.07.2025 smn Index:Yes/No Speaking order:Yes/No Neutral Citation:Yes/No 5/6 https://www.mhc.tn.gov.in/judis W.P.No.24196 of 2025 N.MALA,J. smn To. 1.The Project Officer, National Highways Authority of India, Project Implementation Unit (PIU)- Kanchipuram Plot No.20, 1 st Floor, Pallavan Nagar Main Road, Maduravoyal, Chennai – 600 095. 2. The District Collector, Kanchipuram District 3. The Block Development Officer, Kanchipuram District. 4. The President, Thiruppukuzhi Village Panchayat, Baluchetty Chathiram Post, Kanchipuram- 631 551. W.P.No.24196 of 2025 and W.M.P.No.27232 of 2025 03.07.2025 6/6 https://www.mhc.tn.gov.in/judis