(Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to formulate a standard operating procedure for any kind of future excavation on Chennai public roads, where all 4 respondents will work in tandem and ensure that the Article 21 is upheld in terms of Rights to health, privacy, shelter, clean environment, peaceful existence and good sleep at night without any disturbance.)

G. Arul Murugan, J.

1. The public interest litigation is filed seeking a direction to the respondents to formulate a Standard Operating Procedure for all future excavations on public roads in Chennai, whereby all the Departments including Metro Water, Electricity Board, and police authorities will work in tandem.

2. The petitioner-in-person submitted that due to unplanned storm water drain construction by the Corporation, citizens and residents are facing severe hardships that must be addressed. He further submitted that the works are being carried out in an unplanned manner, endangering the public and passersby due to open drains being left exposed, which has already led to accidents.

3. In response to the allegations, the Corporation filed status reports stating that whenever storm water drain works are undertaken, they are executed by issuing contracts and the tenderer before commencing construction, inspects the site and the Electricity Board, Metro Water, Telephone, and all other authorities are duly intimated about the execution of the work and the work is carried out only after obtaining necessary permissions from the police authorities.

4. A separate status report was filed by the fourth respondent police department stating that, upon receiving applications, permissions for road cut excavations are granted by issuing proceedings for a strict 30-day period and every effort is made to ensure that the works are carried out in a planned and phased manner to avoid causing obstructions or disturbances to the public and passersby.

5. The grievance exposed by the petitioner-in-person is about the storm water drain works carried out by the Corporation, in different locations in the city. Even though the Corporation submits that steps are being taken to ensure safe and expeditious completion, it is to be noted that in several places, due to ongoing storm water drain works, there are certain issues which are need to be addressed by the Corporation.

6. Further, if the Corporation coordinates with all other departments before undertaking these works, several other difficulties and public hardships can be avoided. Executing the works in a planned manner would also prevent repeated road digging, thereby preventing damage to utilities managed by other departments.

7. To ensure that these issues are addressed by the Corporation, we permit the petitioner to submit a detailed complaint/representation before the Corporation in respect of a specific area, within a period of four weeks from today. On receipt of such complaint/ representation, the Corporation shall look into the same and take necessary efforts and steps in coordination with other departments, to ensure that the storm water drain works are carried out out in a safe and secure manner without causing undue hardship to the public.

8. With these observations, the writ petition stands disposed of. There shall be no order as to costs. Connected miscellaneous petitions are closed.