S.Saravanakumar v. The Ministry Of Road
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P. No.9913 of 2024 in W.M.P.Nos. 10936 and 10937 of 2024 S. Saravanakumar ... Petitioner Vs.
1.
The Ministry of Road Transport and Highways, Government of India, Regional Office, C-1-A, Rajaji Bhawan, Besant Nagar, Chennai - 600 090.
The Divisional Engineer, National Highways, Salem.
The District Collector, Salem District, Salem.
NOTCH India Projects (Corporate Office), Poriyalar Nagar, Thirupalai, Madurai - 625 014.
... Respondents Page No.1 of 5
Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Mandamus directing the second respondent to conduct auction in respect of cutting of trees in N.H.179-A, Salem- Arur Road by following the provisions of Tamil Nadu Transparency in Tenders Act, 1998 and Rules and further direct the first respondent to monitor the same. For Petitioner : Mr.N. Sudhagar Nagaraj For R1 : Mr.K. Gangadaran Central Government Standing Counsel For R2 and R3 : Mr.N. Naveenkumar Government Advocate
O R D E R
The petitioner is a Contractor and the grievances of the writ petitioner is that the Tender process has not been undertaken to remove the trees. For issuing Tender Notification to remove the trees, an administrative decision is to be taken by the Competent Authorities. Therefore, the petitioner cannot as a matter of right seek a direction to issue a Tender Notification. In the event of issuing any Tender Notification, the petitioner is at liberty to participate in the Tender process as per the procedures contemplated.
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Thus, the petitioner has not established even a semblance of legal right for the purpose of entertaining the writ petition. If at all any illegality in cutting the trees are noticed, the petitioner or any other person is at liberty to file an appropriate complaint to prosecute the offenders. Accordingly, this Writ Petition stands dismissed at the admission stage itself. No costs. Consequently, connected miscellaneous petitions are closed.
12.04.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda Page No.3 of 5
To 1.
The Ministry of Road Transport and Highways, Government of India, Regional Office, C-1-A, Rajaji Bhawan, Besant Nagar, Chennai - 600 090.
The Divisional Engineer, National Highways, Salem.
The District Collector, Salem District, Salem.
NOTCH India Projects (Corporate Office), Poriyalar Nagar, Thirupalai, Madurai - 625 014.
Page No.4 of 5
S.M.SUBRAMANIAM,J.
veda W.P. No.9913 of 2024 and W.M.P.Nos. 10936 and 10937 of 2024 12.04.2024 Page No.5 of 5