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Judgment
17 paragraphs · 351 wordsRamesh Ranganathan, CJ
The writ jurisdiction of this Court has been invoked by the petitioner seeking laying of a road connecting his village with the district headquarters. It
is stated that, though construction of the road had commenced, the said work was stopped and, instead, an alternate road is being laid.
The petitioner claim’s that absence of a road, connecting his village to the district headquarters, has made the lives of the villagers extremely
difficult.
This Court would not, in the exercise of its jurisdiction under Article 226 of the Constitution of India, undertake the task of determining whether and
where a road should be laid, for these are all matters in the executive realm.
While the petitioner’s claim, that the villagers are facing difficulty because of the absence of a road connecting the village to the district
headquarters, cannot be said to be without merit, these claims can only be redressed by the State Government, and not in judicial review proceedings
under Article 226 of the Constitution of India, for a decision, whether or not a road should be laid and when, is to be taken by the State Government.
As the petitioner claims to have submitted several representations to the Chief Executive Officer, and since a road can only be laid on necessary
funds being sanctioned by the State Government, we consider it appropriate, in such circumstances, to permit the petitioner to make a representation
to the first respondent. The first respondent shall, within two months from the date of receipt of the petitioner’s representation, examine the matter
and take a considered decision regarding laying of the road connecting the petitioner’s village to the district headquarters.
We make it clear that we have not expressed any opinion on whether or not such a road should be laid, as these are all matters for the State
Government to decide, taking into consideration the funds available with it, as also the feasibility of laying a road in that area.
Subject to the aforesaid observations, the Writ Petition fails and is, accordingly, dismissed. No costs.