LAWS(MAD)-2005-9-75

CHAMBER OF COMMERCE AND INDUSTRY Vs. DISTRICT COLLECTOR

Decided On September 27, 2005
CHAMBER OF COMMERCE AND INDUSTRY Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) THE Chamber of Commerce and Industry, Kovilpatti, through its Vice President D.Rajadurai, has filed the above writ petition as a PIL seeking to issue a writ of mandamus directing the respondent, namely District Collector, Tuticorin District, to permit the buses to come inside the Kovilpatti Main Road.

(2.) IN the affidavit filed in support of the above writ petition, it is stated that Kovilpatti is situated in the National Highways between Tirunelveli and Madurai and all the buses from Tirunelveli to Madurai should cross Kovilpatti through bye-pass. There are three main entrances to the town of Kovilpatti and in all the three entrances, railway track is crossing and therefore a decision was taken by the Government to construct two over bridges, one in the west entrance and the other at the east entrance of the town, thereby entry of vehicular traffic through both these roads has been stopped for more than two years and all the buses coming from the western and eastern sides of Kovilpatti are now coming through only one entrance, namely Ilayarasanenthal. The respondent by Resolution dated 24.01.2004 had stopped the entry of buses into the Kovilpatti bus stand and the buses were made to stop outside the Kovilpatti town in a temporary bus stand without any proper facility. The said temporary bus stand is about two kilometres away from the main bus stand and all the passengers will have to catch another bus or auto rickshaw to go the temporary bus stand. When the said Resolution was challenged in a writ petition, the said writ petition was dismissed by this Court (Principal Bench) on the undertaking given by the Government that the project will be completed within a period of one year. Even though more than one year has passed after the judgment of the Division Bench, the respondent has not even completed 50% of the work and it will take another two years to complete the construction. IN view of the delay in completion of the project, the general public and the traders are put to irreparable loss as no transport movement is permitted inside the town. Hence the present writ petition.