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Madras High CourtWP/5012/2024disposed of

A.M.H.Nazeem (Mla) v. Union Of India Represented By

2024-02-29Honourable Mr Justice R. Mahadevan,Honourable Mr Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.02.2024 CORAM :

THE HON'BLE MR. JUSTICE R.MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ A.M.H.NAZEEM (MLA) .. Petitioner Vs

1. THE UNION OF INDIA REPRESENTED BY THE ADMINISTRATOR / LT.GOVERNOR OF U.T.OF PUDUCHERRY, RAJNIVAS, PUDUCHERRY - 605001.

2. THE CHIEF SECRETARY TO GOVERNMENT, CHIEF SECRETARIAT, GOUBERT AVENUE, PUDUCHERRY - 605001.

3. THE SECRETARY TO GOVERNMENT (PWD) CHIEF SECRETARIAT, GOUBERT AVENUE, PUDUCHERRY - 605001.

4. THE DISTRICT COLLECTOR OF KARAIKAL OFFICE OF THE DISTRICT COLLECTOR, KARAIKAL DISTRICT, PUDUCHERRY.

5. THE CHIEF ENGINEER

PWD, PUDUCHERRY.

6. THE CHIEF ENGINEER PWD, KARAIKAL, PUDUCHERRY.

7. JAYANTISUPER CONSTRUCTION PVT LTD., NO.12, SAHAJANAND SOCIETY, URBAN BANK ROAD, HIGHWAY, MEHSANA, GUJARAT - 384002.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider and take appropriate action on the representations dated 02.08.2023 and 20.02.2024 submitted by the petitioner for shifting Sewerage Treatment Plant (STP), which is being constructed now at Puduthurai, Dharmapuram Village, Karaikal to any other place more specifically other than residential area.

For the Petitioner : Mr.Prakash Adiapadam For the Respondents : Mr.R.Sreedhar Government Advocate (Pondicherry) for respondents 1 to 6

ORDER

(Order of the Court was made by R.MAHADEVAN,J.) The petitioner has filed this writ petition seeking issuance of a writ of mandamus directing the respondents to consider and take

appropriate action on the representations dated 02.08.2023 and 20.02.2024 submitted by the petitioner for shifting Sewerage Treatment Plant (STP), which is being constructed now at Puduthurai, Dharmapuram Village, Karaikal to any other place more specifically other than residential area.

2.

Mr.R.Sreedhar, learned Government Advocate (Puducherry), who accepts notice on behalf of respondents 1 to 6, on instructions, submitted that the authorities are inclined to pass orders on the representations of the petitioner dated 2.8.2023 and 20.2.2024 on merits and in accordance with law, after affording opportunity to all the interested parties.

3. Recording the submission made by learned Government Advocate (Puducherry), the writ petition is disposed of by directing the respondent authorities to consider the representations of the petitioner dated 2.8.2023 and 20.2.2024 and pass orders on merits and in accordance with law, after affording reasonable opportunity to all the interested parties, including the seventh respondent,

within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, W.M.P.No.5503 of 2024 is closed.

(R.M.D., J.) (M.S.Q., J.) 29.02.2024 Index :

Yes/No Yes/No bbr To

1. THE ADMINISTRATOR / LT.GOVERNOR OF U.T.OF PUDUCHERRY, UNION OF INDIA, RAJNIVAS, PUDUCHERRY - 605001.

2. THE CHIEF SECRETARY TO GOVERNMENT, CHIEF SECRETARIAT, GOUBERT AVENUE, PUDUCHERRY - 605001.

3. THE SECRETARY TO GOVERNMENT (PWD) CHIEF SECRETARIAT, GOUBERT AVENUE, PUDUCHERRY - 605001.

4. THE DISTRICT COLLECTOR OF KARAIKAL OFFICE OF THE DISTRICT COLLECTOR, KARAIKAL DISTRICT, PUDUCHERRY.

5. THE CHIEF ENGINEER PWD, PUDUCHERRY.

6. THE CHIEF ENGINEER PWD, KARAIKAL, PUDUCHERRY.

R.MAHADEVAN,J.

AND MOHAMMED SHAFFIQ,J.

bbr 29.02.2024