Shanmugam, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.19442 of 2011 Shanmugam .. Petitioner -vs1.The District Collector, Collectorate, Coimbatore.

2.The President, 3.The Executive Officer, 4.The Tahsildar, Sulur Taluk Office, Sulur - 641 402.

5.M/s.Kadeswari & Co., Contractor Kangeyampalayam, Sulur Taluk, Coimbatore District.

6.P.R.Senniappan .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 4 to take action to continue the work and finish the same time as per the tender notice dated 31.01.2011 by the second respondent, and third respondent in Proceedings in Na.Ka.30 of 2010 dated 15.02.2011 in serial number 13 of the proceedings 16th Ward K.A. Road upto Konguvellalar School Thar Road project.

For Petitioner :

Mr.S.Sithirai Anandam For Respondents :

Mr.S.T.S.Muthi Government Pleader assisted by Mr.V.Shanmugasundar Govt. Advocate for R1 to R4 Mr.N.Sivaraman for R6

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The subject matter of these proceedings is actually also found to be the subject matter of suit proceedings in O.S.No.91 of 2011 on the file of the District Munsif Court, Palladam filed by respondent No.6, which is stated to be re-numbered as O.S.No.31 of 2013 on the file of the District Munsif Court, Coimbatore, which is also said to have been decreed in favour of respondent No.6 on 29.09.2015.

2. There is, thus, no question of entertaining the public interest litigation in respect of the issue which pertains to laying of tar road.

3. The writ petition is dismissed. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar bbr To 1.The District Collector, Collectorate, Coimbatore.

2.The President,

3.The Executive Officer, 4.The Tahsildar, Sulur Taluk Office, Sulur - 641 402.

+1cc to the Government Pleader Sr.40629 +1cc to Mr.S.Sithirai, Advocate Sr.40588 W.P.No.19442 of 2011 pur[co] srg 02/08/2016