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Madras High CourtWP/1929/2018dismissed

S. Ranganathan v. The Inspector Of Panchayats

2024-11-11Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2024

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.1929 of 2018 and W.M.P.Nos.2415 & 2416 of 2018 S.Ranganathan .. Petitioner Vs.

1.The Inspector of Panchayats cum District Collector, Namakkal Distict, Namakkal.

2.The Additional Director of Panchayat, Namakkal District, Namakkal.

3.The Block Development Officer, Mallasamuthram, Namakkal District, Namakkal.

4.The District Forest Officer, Namakal District, Namakkal.

5.The Special Officer, Vandinatham Panchayat, Thiruchengode Taluk, Namakkal District, Namakkal.

.. Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to issuance of proceedings in Na.Ka.No.992/2016/Uu Ni 5 dated 16.12.2017 passed by the 1st respondent and to quash the same and consequently, direct the respondents to issue tree cutting orders in favour of the petitioner to remove Seemaikaruvel trees at Chinna Ari and Periya Ari situated at Vandinatham Panchayat, Namakkal District as per the tender dated 15.12.2015 and in pursuance of the award of the tender dated 06.01.2016.

For Petitioner .. Mr.N.Vijaya Mehanath for M/s.A.A.V.Partners For R1 & R2 .. Mr.S.J.Mohamed Sathik, Government Advocate.

For R4 .. Mr.T.Seenivasan, Special Government Pleader.

For R3 & R5 .. Mr.C.Selvaraj

ORDER

This writ petition has been filed in a nature Certiorarified Mandamus, seeking to call for the records relating to the proceedings dated 16.12.2017 passed on by the 1st respondent / Inspector of Panchayats cum District Collector, Namakkal District and quash the same and direct the respondents to issue tree cutting orders in favour of the petitioner to remove the Seemi

Karvel Trees at Chinna Ari and Periya Ari at Vandinatham Panchayat in Namakkal District, according to tender dated 15.12.2015 and award of tender dated 06.01.2016. Subsequently, the respondents have taken a decision to withdraw the tender. That is a policy decision taken by the respondents herein. It is also seen that the petitioner has died and therefore, the cause does not survive any more. Even though the petitioner has died, the writ petition stands dismissed.

2.The legal heirs of the petitioner, may approach the respondents, if there has been no refund of security deposit as on date. The legal representative, who so represents, may produce necessary records relating to deposit of security amount and if records are produced, the respondents are under an obligation to refund the security deposit, however, without interest.

3.With the above observations, this writ petition stands dismissed. No costs. Consequently, connected writ miscellaneous petitions are closed. 11.11.2024 Index:Yes/No Internet:Yes/No smv

C.V.KARTHIKEYAN,J.

smv To 1.The Inspector of Panchayats cum District Collector, Namakkal Distict, Namakkal.

2.The Additional Director of Panchayat, Namakkal District, Namakkal.

3.The Block Development Officer, Mallasamuthram, Namakkal District, Namakkal.

4.The District Forest Officer, Namakal District, Namakkal.

5.The Special Officer, Vandinatham Panchayat, Thiruchengode Taluk, Namakkal District, Namakkal.

W.P.No.1929 of 2018 11.11.2024