S. Suresh Kumar Isaac Paul v. Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department
2025-07-09
A.D.MARIA CLETE, S.M.SUBRAMANIAM
body2025
DigiLaw.ai
ORDER : S.M.SUBRAMANIAM, J. The writ on hand has been instituted to direct the respondents 1 to 3 to lay down new roads within the limits of Madurai Corporation after scrapping the existing roads and also seeks necessary steps to maintain the rainwater drainage system and laying the cement pavement from the road to the platform in order to avoid the storage of muds and wastages near the drainage holes which is the root cause for creating dust pollution and fix the information boards displaying the name of the contractor with contact number, life of the road as well as a estimate of the road. 2.The omni bus prayer sought for in the Writ Petition cannot be considered in its entirety. 3.The petitioner-in-person is a practising lawyer. His grievance is that the roads within the limits of Madurai Corporation are not maintained properly. Additionally, stormwater drainage system has not been constructed causing flooding during the rainy season. Due to the damaged roads, road users are suffering. The petitioner pleads that his grievances are to be redressed by issuing suitable directions to the Madurai Corporation. 4.The Courts in the event of issuing any such general directions it may not be practically work out while implementing the same. In the event of addressing any specific grievance that alone may be redressed by issuing suitable directions. 5.In the present case, the petitioner pleads that roads across Madurai City limits are not in good condition and to be relaid or maintained properly. While laying new road, existing roads should be milled, but the Corporation is not doing so. Thus, the height of the roads is increasing thereby causing inconvenience to the residents and the commercial establishments adjacent to the roads. 6.All these grievances are to be redressed in a phased manner and by using technological advancement by the Madurai Corporation. 7.The Commissioner, Corporation of Madurai filed a counter affidavit wherein paras 3 and 5 read as under: “3.I respectfully submit that the writ petitioner without making any specific allegations, with generalized statement filed the present Writ Petition. It is submitted that Madurai Corporation is following the standard norms provided by the Government in respect of laying of roads and schedule of rates, and further following the standard data fixed by PWD while awarding contracts of various works including the road works of Corporation.
It is submitted that Madurai Corporation is following the standard norms provided by the Government in respect of laying of roads and schedule of rates, and further following the standard data fixed by PWD while awarding contracts of various works including the road works of Corporation. It is submitted that the Corporation as per the instructions issued by the Chief Secretary, State of Tamil Nadu is now doing the milling of road before laying the new road so as to maintain the same road level. Further it is submitted that by taking into account of movement of vehicle, usage and other parameters, the Corporation is preparing the estimates and developing the roads accordingly. The Corporation is taking all effective steps to bring a quality road to the public. ....... 5.It is submitted that the allegations made in the para 5 of the affidavit are specifically denied. While widening the roads, if there is necessity for removal of electricity poles, the same will be undertaken with the approval of TANGEDCO officials. The petitioner has failed to mentioned that for relocating an electricity pole, a standard procedure and cost was demanded by the TANGEDCO and without their co-operation, no electricity pole can be shifted.” 8.It is needless to state that the Corporation is expected to provide basic amenities and infrastructure facilities to the citizens residing in Madurai City. Roads are to be laid properly to prevent accidents and for the peaceful traffic movements. Areas which require immediate attention is to be identified and the roads which are all damaged are to be repaired immediately. New roads are to be laid in a phased manner according to budget allocations. While laying new roads, the existing roads are to be milled in order to avoid inconvenience to the residents and commercial establishments adjacent to the roads in order to maintain the roads at the existing level. 9.At the outset, it is the constitutional obligation on the part of the State and its authorities to ensure that basic amenities and infrastructure facilities are to be provided in a standardized manner so as to redress the grievances of the citizens. 10.In the present case, the petitioner pleads that none of the roads are in good condition in Madurai Corporation.
10.In the present case, the petitioner pleads that none of the roads are in good condition in Madurai Corporation. Based on this submission, the respondent/Corporation authorities are directed to initiate immediate steps to repair the damaged roads and relay new ones in a phased manner according to the budget allocation by following the procedures. 11.Providing drinking water, pure air and infrastructure facilities are the constitutional mandate for the State. The right to life under Article 21 of the Constitution of India also extends to the provision of these basic amenities and it must be protected by the State and its authorities. 12.Taking note of all these factors, the respondents shall act in a swift manner to redress the grievances of the people residing in Madurai City. 13.With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.