P.G.Amirthalingam v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.13541 of 2020 P.G.Amirthalingam .. Petitioner Vs

1. The State of Tamil Nadu, rep. by its Principal Secretary to Government, Secretariat, Chennai - 600 009.

2. The District Collector,

3. The Revenue Divisional Officer, Tiruvallur Revenue Division,

4. The Tahsildhar, Tiruvallur Taluk,

5. The Executive Engineer, Public Works Department/ Water Resource Department, Kosathalaiyar Basin Division,

6. The Assistant Engineer, Irrigation - II/Water Resource Organization, Tiruvallur, Tiruvallur District.

7. The Commissioner/Block Development Officer, Kadambathur Panchayat Union, Kdamabathur,

8. The Panchayat President, Melnallathur Village Panchayat, Manavalan Nagar - 602 002,

9. The District Environment Engineer, Tamil Nadu Pollution Control Board,

10. The Inspector of Police, B2-Tiruvallur Taluk Police Station,

11. M/s.Hindustan Motors Limited, Adhigathur Village, Kadampathur Post, Tiruvallur - 631 203,

12. M/s.PCA Automobiles India Pvt. Ltd., Manufacturing Unit, Adhigathur Village, Kadampathur Post, Tiruvallur - 631 203, .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus to call for the impugned Government Order in G.O.Ms.No.40, Public Works (R1) Department, dated 30.01.2020 issued by the first respondent and quash the same, consequently direct the respondents 2 to 8 not to allow any heavy vehicles of the 12th respondent company passes through the Pattarai Village Road and also to protect the Melnallathur Tank from the illegal fencing and usage of the 12th respondent company.

For the Petitioner : Mr.M.R.Jothimanian for M/s.K.Balu For the Respondents : Ms.R.Anita Counsel for the State for respondent Nos.1 to 7, 9 and 10

: Mr.Ravikumar Paul Senior Advocate for M/s.AAV Partners for respondent No.12

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The matter pertains to the construction of a bridge at Pattarai village of Melnallathur taluk, Tiruvallur district.

2. Though the petitioner seeks a further adjournment, ostensibly to file a rejoinder, it is submitted on behalf of the respondents that the bridge has been completed and the same would be evident from the photographs relied upon in the additional documents filed on July 28, 2021. Indeed, the bridge appears to have been completed some time in March, 2021.

3. The respondents also assert that the present petitioner had some angst against some local persons and the present petition has been instituted with ulterior motive and for collateral purpose.

4. Such aspect of the matter need not be gone into since it is evident that the bridge which was attempted to be stalled or thwarted, has now been completed.

5. W.P.No.13541 of 2020 is disposed of. W.M.P.Nos.16784, 16785 and 16787 of 2020 are closed.

There will be no order as to costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar bbr To:

1. The Principal Secretary to Government, State of Tamil Nadu, Secretariat, Chennai - 600 009.

2. The District Collector, Tiruvallur District, Tiruvallur.

3. The Revenue Divisional Officer, Tiruvallur Revenue Division, Tiruvallur, Tiruvallur District.

4. The Tahsildhar, Tiruvallur Taluk, Tiruvallur, Tiruvallur District.

5. The Executive Engineer, Public Works Department/ Water Resource Department, Kosathalaiyar Basin Division, Tiruvallur, Tiruvallur District.

6. The Assistant Engineer, Irrigation - II/Water Resource Organization, Tiruvallur, Tiruvallur District.

7. The Commissioner/Block Development Officer, Kadambathur Panchayat Union, Kdamabathur,

8. The Panchayat President, Melnallathur Village Panchayat, Manavalan Nagar - 602 002,

9. The District Environment Engineer, Tamil Nadu Pollution Control Board,

10. The Inspector of Police, B2-Tiruvallur Taluk Police Station, +1cc to M/r.K.Balu, Advocate, SR.No.43125 +1cc to M/S.AAV Partners, Advocate, SR.No.42483 +1cc to Government Pleader, SR.No.42992 W.P.No.13541 of 2020 RLD(CO) CT (07/09/2021)