Back
2023 Supreme(Mad) 1194
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. KARTHIKEYAN, J.
P. Poongothai & Others – Appellants
Versus
The District Collector, Coimbatore & Others – Respondents
W.P. Nos. 12886 & 22417 of 2018 & W.P. No. 11021 of 2020 & Cont. P. No. 689 of 2020 & W.M.P. No. 32081 of 2018 & W.M.P. Nos. 13407 of 2018, 19999 of 2019, 15133 & 26272 of 2018
Decided On : 03-03-2023
For the Petitioners:V. Raghavachari, Senior Counsel, B. Nambiselvan, A.P. Sathya Murthy, Advocates. For the Respondents:R1 to R4, Haja Nazirudeen Assistant by M. Venkateswaran, Special Government Pleader, P. Hari Babu, Government Advocate, R5, R7 & R9, M.T. Arunan, Special Counsel assisted by H.A. Arunashree & Harsini, R7, K. Magesh, Advocates.
The main legal point established in the judgment is the precedence of public interest over private interest in matters concerning public infrastructure projects.
Headnote:
Writ Petitions - Road Over Bridge - Tamil Nadu Town and Country Planning Act 1971, Motor Vehicles Act 1988 - The court dismissed the writ petitions seeking to restrain the construction of a Road Over Bridge over level crossing No.6 between Peelamedu and Singanallur railway station at Vilankurichi/Thaneer Pandhal Road, Coimbatore, emphasizing the public interest over private interest. The court held that the petitioners effectively prevented the construction of the bridge, and their private interests had to be balanced with public interest. The court also dismissed the Contempt Petition for violation of an order granting status quo, stating that the petitioners had no respect for public interest.
Fact of the Case:
The petitioners filed writ petitions seeking to restrain the construction of a Road Over Bridge over level crossing No.6 between Peelamedu and Singanallur railway station at Vilankurichi/Thaneer Pandhal Road, Coimbatore, citing concerns about the impact on their properties and seeking to prevent further progress of the tender process. The court had earlier granted status quo to protect possession, which led to the filing of a Contempt Petition for violation of the order.
Finding of the Court:
The court found that the petitioners effectively prevented the construction of the Road Over Bridge, emphasizing the public interest over private interest. The court dismissed the writ petitions and the Contempt Petition, stating that the petitioners had no respect for public interest.
Issues: The primary issue was the balance between private interests of the petitioners and the public interest in the construction of the Road Over Bridge. The court also addressed the violation of the order granting status quo and the maintainability of the Contempt Petition.
Ratio Decidendi: The court emphasized the need to balance private interests with public interest, stating that the petitioners effectively prevented the construction of the bridge and had no respect for public interest. The court also dismissed the Contempt Petition for violation of the order granting status quo.
Final Decision: The court dismissed all the writ petitions and the Contempt Petition, ordering the petitioners to pay costs to the Tamilnadu State Legal Services Authority.
JUDGMENT
(Prayer: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus forbearing the respondents 2 to 4 from interfering with the petitioner''s peaceful possession and enjoyment of petitioner''s property comprised in S.F.No. 469/2(part), Avyanshi Road, Coimbatore known as G.R.G. Matriculation School, except by due process of law.
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus forbearing the respondents 2 to 7, their men, agents, servants or any other person acting through them from deviating from the approved Coimbatore Master Plan, Singanallur Detailed Development Plan No.27, Vilankurichi Detailed Development Plan No.9, and District Road safety council orders dated 18.02.2010, 01.05.2010, 30.09.2010, for alignment of Road Over Bridge L C No. 6, as per existing scheme road “AA” (New Name “BB”) on eastern side of Vilankurichi / Thaneer Pandhal road and inconsistent with the provisions of Tamil Nadu Town and Country Planning Act, 1971 and Motor Vehicles Act, 1988.
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus forbearing the respondents, their men, agents, servants or any other person from proceeding with the Tender process initiated by the second respondent in Tender Notice Announcement No.11/2020-2021 dated 14.07.2020 published in Dinakaran Newspaper on 15.07.2020, for construction of Road Over Bridge (ROB) at Level crossing- No.6 (LC-6) between Singanallur and Peelamedu railway stations at Vilankurichi/ Thaneer Pandhal Road, Coimbatore, pending formation of 3.75 meter service road and to restrain the respondents, their men, agents, servants or any other persons from interfering with the petitioner''s peaceful access and enjoyment of petitioner''s factory premises namely, M/s. Sree Meenakshi and Company situated at No.1, Vilankurichi Road, Peelamedu, Coimbatore.
Petition under Section 11 of the Contempt of Court''s Act 1971, praying to punish the respondents for the willful and flagrant violation of the order dated 20.11.2018 made in W.M.P.No. 26272 of 2018 in W.P.No. 22417 of 2018 passed by this Hon''ble Court.)
Common Order:
1. All the Writ Petitions have been filed questioning the Coimbatore Master Plan, Singanallur Detailed Development Plan No.27, Vilankurichi Detailed Development Plant No.9 and District Road Safety Council orders dated 18.02.2010, 01.05.2010 and 30.09.2010 for alignment of Road Over Bridge LC No. 6 as existing scheme road “AA” (New Name “BB”) on eastern side of Vilankurichi/Thaneer Pandhal Road.
2. The Vilankurichi Detailed Development Plan No.9 was notified under Section 23 of Town and Country Planning Act 1971. It was a notification which conferred power to the Director to call upon the local planning authority to prepare a Detailed Development Plan under Section 23 of the Tamil Nadu Town and Country Planning Act 1971. The Detailed Development Planning was approved by the Director of Town and Country Planning under Sub-Section 2 of Section 25 of the Town and Country Planning Act 1971 on 19.12.2011 and numbered on Map No.9 TDPL letter dated 19.12.2011. The Vilankurichi Detailed Development Plan line was under process awaiting approval under Section 29 of the Town and Country Planning Act 1971.
3. In W.P.No. 12886 of 2018 the petitioner P.Poongothai had sought a Mandamus forbearing the second to fourth respondents / the Chief Engineer, Highways Department, Tamilnadu State Highways, NABARD and Rural Roads, Chennai, the Superintending Engineer, Highways Department, Tamilnadu State Highways, Salem Circle and the Divisional Engineer, Highways Department, Tamilnadu State Highways, NABARD and Rural Road, Coimbatore, from interfering with the possession and enjoyment of the petitioner of her property in S.F.No.469/2(part), Avyanshi Road, Coimbatore, a school called G.R.G. Matriculation School, except by due process of law.
4. In W.P.No. 22417 of 2018, the petitioner
