1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2011 CORAM: THE HONOURABLE Mr.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE Mr.JUSTICE R.SUBBIAH W.P.(MD)No.1681 of 2011 P.Thennavan ... Petitioner Vs. 1.The Secretary Department of Highways and Rural Works, Govt. of Tamil Nadu, Secretariat, Chennai. 2.The Superintending Engineer, Highways Department, Madurai. 3.The Divisional Engineer, Schemes Division, Highways Department, Madurai – 2. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to lay the road afresh or do the major repair works between Melur and Chettiyarpatty, Melur Taluk, Madurai District. For Petitioner : Mr. C.Arul Vadivel For Respondents : Mr. M.Rajendran Govt.Advocate O R D E R (Order of the Court was made by N.PAUL VASANTHAKUMAR,J.) This Writ Petition is filed for issuance of a Writ of Mandamus, directing the respondents to lay a road afresh or to do the major repair works between Melur and Chettiyarpatty, Melur Taluk, Madurai District.. 2.It is the grievance of the petitioner, who is a practicing advocate of this Court, who is hailing from Chettiyarpatty that an existing Highways Road connecting Melur and Alagarkoil via Chettiyarpatty is running to 15 Kms with a width of 7 Meters. The entire road was laid at a cost of Rs.7,05,49,000/-. The road work was done by two contractors. The road between 0/0 k.m.m and 8/0 km was done by one contractor and the remaining distance of 8/0 to 15/0 was done by another contractor. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The Village Chettiyarpatty is situated at 8/0 kms from Melur. The road laid in the year 2008-2009 between Melur and A.Chettiyarpatty was not properly done by the respondents as per specifications and within a few months after the laying of the road, the road became worse and unfit to travel. According to the petitioner, lot of accidents happened in the road and more than 5 person died in the last two years. The villagers made representations to the officers concerned to lay the road afresh and also conducted agitation in February 2010. At that time, the officials promised to do the repairing works. Since no action is taken to repair/relaid the road, the petitioner has filed this Writ Petition. 4.The 3rd respondent has filed a counter affidavit dated 21.02.2011 stating that due to unexpected rainfall, traffic and site conditions, some part of the road got damaged. The contractor was instructed to attend the damages by the letters of the 3rd respondent dated 25.11.2010 and 29.11.2010 and based on the instructions the contractor has temporarily attended the damages with WMM patches. Again on 15.02.2011 the contractor has attended the work on permanent basis and repaired the damages already caused. The learned counsel for the petitioner submitted that the 3rd respondent may be directed to issue further directions to the contractor to do the repair works as per specifications. While laying or repairing of the road works, the 3rd respondent is directed to see that the repairing work is done as per the specifications. The repairing work is directed to be completed within a period of two weeks from the date of receipt of a copy of this order. 5.The Writ Petition is disposed of accordingly. No costs. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1.The Secretary Department of Highways and Rural Works, Govt. of Tamil Nadu, Secretariat, Chennai. 2.The Superintending Engineer, Highways Department, Madurai. 3.The Divisional Engineer, Schemes Division, Highways Department, Madurai – 2. +1 CC TO THE SPECIAL GOVERNMENT PLEADER S.R NO. 11004 W.P.(MD)No.1681 of 2011 01.03.2011 MPK PAM 23.03.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/