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Madras High CourtWP/29103/2012disposed of

Thiruvarur Mavatta Maiya v. The State Of Tamilnadu, Rep.

2021-06-21Honourable Mr Justice R. Mahadevan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.29103, 29031, 29885, 30462 to 30464, 30985 to 30989, 31377, 30460, 30461 and 32526 of 2012 and M.P.No.1 of 2012 in WP.29103,29885 of 2012 M.P.Nos.1 & 2 of 2012 in WP.29031 of 2012, M.P.Nos.2 & 3 of 2012 in WP.Nos.30460 to 60464 of 2012, M.P.Nos.1 to 3 of 2012 in WP.Nos.30985 to 30989 of 1.Thiruvarur Mavatta Maiya Sudukalavai Iyanthiram Illatha Oppanthakkarargal Nalasangam Rep. By Its Sec. Mr.Nadimuthu No.9 Andavar Thirumana Arangam Thiruvarur Dt. ..Petitioner in WP No.29103 of 2012 1.M/S.Udhayam Constructions Rep By Its Managing Director L. Meganathan S/O.Lakshmanan No.11 Sattayappar Sannadhi Nagapattinam 2.S. Saravanan .. Petitioners in WP No.29031 of 2012 1.M/S.Raja And Co. ... Petitioner in WP No.29885 of 2012 Rep. By Its Managing Partner K.T.

Ramamoorthy S/O.Thulasimani 43 Kanagapuram Road Kannimar Valasu Erode-638 112. 1.Palayamkottai Highways Department Contractors Welfare Association Office At: No.7 Chellathai Nagar Ngo A Colony Tirunelveli-627 011 Rep. By Its Secretary ..Petitioner in WP No.30462, 30463, 30464, 30460 & 30461 of 2012 1.B.Krishnaveni .. Petitioner in WP No.30985, 30986 30987, 30988 & 30989 of 2012

1.M/S.Bharathi Constructions Rep.By its Partner, K.Senthilkumar, S/O Kandasamy, No.4/187, East Street, Krishnapuram Post, Veppanthattai Taluk, Perambalur District. ..Petitioner in WP No.31377 Of 2012 1.S.Sundararaj ... Petitioner in WP No.32526 of 2012 Vs 1.The State Of Tamilnadu Rep.

By Its Principal Secretary To Govt.

Highways And Minor Ports (HN-1) Dept. Fort St. George Chennai-9 ... Respondent in WP No.29103, 30462, 30463, 30464, 30985, 30986, 30987, 30988, 30989, 31377, 30460, 30461, of 2012 and sole Respondent in WP.29031/2012 2.The Superintending Engineer (H) Tiruchirappalli C & M Circle Tiruchirappalli -20 .. 2nd Respondent in WP No.29103 of 2012 1.The Principal Secretary ..Respondents in WP No.29885 Of 2012 To Government Department Of Highways Secretariat Fort St. George Chennai-9.

2.The Director General Highways Department Chepauk Chennai-5.

3.The Chief Engineer (C & M) Highways Department Chepauk Chennai-5.

2.The Superintending Engineer (CONSTRUCTION And Maintenance) Highways Department Tirunelveli-2.

.. 2nd Respondent in WP Nos.30462, 30464, 30460 & 30464 of 2012 2.The Superintending Engineer Highways Department Nabards And Rural Roads

Tirunelveli-2.

.. 2nd Respondent in WP No.30463 of 2012 2.The Superintending Engineer (CONSTRUCTION And Maintenance) Highways Department Villupuram Circle Villupuram District.

.. 2nd Respondent in WP Nos.30985, 30986, 30987, 30988 & 30989 of 2012 2.The Superintending Engineer (H) Highways Department C & M Circle Villupuram Ellis Chatram Road Vazhudareddy Kandamanady Post Villupuram District 3.The Divisional Engineer Highways C & M (DIVISION) Ariyalur Ariyalur District .. Respondents 2 & 3 in WP No.31377 of 2012 1.The Government Of Tamilnadu Rep. By The Principal Secretary To Government Department Of Highways Secretariat Chennai-9.

2.The Director General Highways Department Chepauk Chennai-5.

3.The Chief Engineer (C & M) Highways Department Chepauk Chennai-5.

4.The Superintending Engineer Highways Circle Construction And Management Salem-600 302.

5.The Divisional Engineer (H) Quality Control Division Highways Department Salem. ..Respondents in WP.No.32526 of 2012 Prayer in WP No.29103 of 2012 : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records relating to the order in G.O.Ms.No.162 dated 01.10.2012 of the 1st respondent and quash the same. WP No.29031 of 2012: Writ Petition filed under Article 226 of the Constitution of India Praying to call for the records of the

respondent in G.O.Ms. No. 162 Highways and Minor Ports (HN-1) Department dt 1.10.2012 and quash it as void, illegal and arbitrary and violative of Art. 14 and 19 of the Constitution of India WP No.29885 of 2012: Writ Petition filed under Article 226 of the Constitution of India Praying to call for the records relating to the impugned G.O.Ms.No.162 dated 01.10.2012 issued by the 1st respondent, quash the same.

WP No.30462 of 2012: Writ Petition filed under Article 226 of the Constitution of India Praying to Call for the records relating to the Government Order in G.O.Ms.No.162 dated 01.10.2012 of the 1st respondent herein and consequential tender Notification No.16/2012-2013/D1 dated 05.10.2012 of the 2nd respondent herein and quash the same.

WP No.30463 of 2012: Writ Petition filed under Article 226 of the Constitution of India Praying to Call for the records relating to the Government Order in G.O.Ms.No.162 dated 01.10.2012 of the 1st respondent herein and consequential tender Notification No.15/2012-2013/D1 dated 11.10.2012 of the 2nd respondent herein and quash the same.

WP No.30464 of 2012: Writ Petition filed under Article 226 of the Constitution of India Praying to Call for the records relating to the Government Order in G.O.Ms.No.162 dated 01.10.2012 of the 1st respondent herein and consequential tender Notification No.11/2012-2013/D1 dated 04.10.2012 of the 2nd respondent herein and quash the same.

WP No.30985 of 2012: Writ Petition filed under Article 226 of the Constitution of India Praying to Call for the records of the 1st respondent relating to Government Order in G.O.Ms.No.162 dated 01.10.2012 and consequential tender notification No. TN.7/201213/HDO. dated 03.10.2012 of the 2nd respondent and quash the same.

WP No.30986 of 2012: Writ Petition filed under Article 226 of the Constitution of India Praying to Call for the records of the 1st respondent relating to Government Order in G.O.Ms.No.162 dated 01.10.2012 and consequential tender notification No. TN.8/2012-

13/HDO. dated 03.10.2012 of the 2nd respondent and quash the same.

WP No.30987 of 2012: Writ Petition filed under Article 226 of the Constitution of India Praying to Call for the records of the 1st respondent relating to Government Order in G.O.Ms.No.162 dated 01.10.2012 and consequential tender notification No. TN.9/201213/HDO. dated 04.10.2012 of the 2nd respondent and quash the same.

WP No.30988 of 2012: Writ Petition filed under Article 226 of the Constitution of India Praying to Call for the records of the 1st respondent relating to Government Order in G.O.Ms.No.162 dated 01.10.2012 and consequential tender notification No. TN.10/201213/HDO. dated 04.10.2012 of the 2nd respondent and quash the same.

WP No.30989 of 2012:Writ Petition filed under Article 226 of the Constitution of India Praying to Call for the records of the 1st respondent relating to Government Order in G.O.Ms.No.162 dated 01.10.2012 and consequential tender notification No. TN.11/201213/HDO. dated 05.10.2012 of the 2nd respondent and quash the same.

WP No.31377 of 2012: Writ Petition filed under Article 226 of the Constitution of India Praying to call for the records relating to G.O.(Ms).No. 162 Highways and Minor Ports Department dated 1.10.2012 issued by the 1st respondent and the consequential tender notification made in Tender notice No. TN.9/2012-13/HDO dt 4.10.2012 issued by the 2nd respondent and quash the same WP No.30460 of 2012: Writ Petition filed under Article 226 of the Constitution of India Praying to Call for the records relating to the Government Order in G.O.Ms.No.162 dated 01.10.2012 of the 1st respondent herein and consequential tender Notification No.14/2012-2013/D1 dated 03.10.2012 of the 2nd respondent herein and quash the same.

WP No.30461 of 2012: Writ Petition filed under Article 226 of the Constitution of India Praying to Call for the records relating to the Government Order in G.O.Ms.No.162 dated 01.10.2012 of the 1st respondent herein and consequential tender Notification

No.19/2012-2013/D1 dated 11.10.2012 of the 2nd respondent herein and quash the same.

WP No.32526 of 2012: Writ Petition filed under Article 226 of the Constitution of India Praying to Call for the records pertaining to G.O.Ms.No.161, Highways and Minor Ports (HN1) Department, dated 01.10.2012 and G.O.Ms.No.162, Highways and Minor Ports (HN1) Department, dated 01.10.2012 on the file of 1st respondent and quash the same consequentially direct the respondents to follow the process as per G.O.(Ms) No.125, Highways (HN1) Department, dated 04.08.2006 For Petitioner WP No.29103 of 2012 : Mr.S.Conscious Ilango For Petitioner in WP.29031 of 2012 : Mr.M.Muthappan For Petitioner in WP.29885 of 2012 : Mr.N.Manokaran For Petitioner in WPs.30462 to 30464, 30460 & 30461/2012 : Mrs.AL.Gandhimathi For Petitioner in WP.30985 to 30989/2012 : Mr.R.Kannan For Petitioner in WP.31377/2012 : Mr.K.Balu For Petitioner in WP.32526/2012 : M/s.R.

Neelakandan For Respondents : Mr.

have become infructuous and hence, nothing survives for adjudication in these writ petitions.

2.In view of the aforesaid submission made by the learned counsel for the petitioners, these writ petitions are dismissed as having become infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar rgr To 1.The Principal Secretary to Government Highways and Minor Ports (HN-1) Department, Fort St. George, Chennai - 600 009.

2.The Superintending Engineer (H) Tiruchirapalli C & M Circle Tiruchirapalli - 20.

3.The Principal Secretary To Government Department Of Highways Secretariat Fort St. George Chennai-9.

4.The Director General Highways Department Chepauk Chennai-5.

5.The Chief Engineer (C & M) Highways Department Chepauk Chennai-5.

6.The Superintending Engineer (CONSTRUCTION And Maintenance) Highways Department Tirunelveli-2 7.The Superintending Engineer Highways Department Nabards And Rural Roads Tirunelveli-2.

8.The Superintending Engineer (CONSTRUCTION And Maintenance) Highways Department Villupuram Circle Villupuram District.

9.The Superintending Engineer (H) Highways Department C & M Circle Villupuram Ellis Chatram Road Vazhudareddy Kandamanady Post Villupuram District 10.The Divisional Engineer Highways C & M (DIVISION) Ariyalur Ariyalur District 11.The Government Of Tamilnadu Rep. By The Principal Secretary To Government Department Of Highways Secretariat Chennai-9.

12.The Superintending Engineer Highways Circle Construction And Management Salem-600 302.

13.The Divisional Engineer (H) Quality Control Division Highways Department Salem.

+1cc to the Government Pleader, Sr.No.29041 W.P.No.29103, 29031, 29885, 30462 to 30464, 30985 to 30989, 31377, 30460, 30461 and 32526 of 2012 SKY(CO) SB(11/11/2021)