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Madras High CourtWP/25203/2023

P.Jeyaraman v. The Government Of Tamilnadu

2023-11-15Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.11.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.JEYARAMAN ..

Petitioner Vs 1 THE GOVERNMENT OF TAMILNADU REP. BY ITS SECRETARY MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT FORT ST. GEORGE CHENNAI 600 009.

2 THE COMMISSIONER OF MUNICIPAL ADMINISTRATION CHEPAUK, CHENNAI 600 005.

3 THE MUNICIPAL COUNCIL DHARMAPURI MUNICIPALITY 4 THE COMMISSIONER DHARMAPURI MUNICIPALITY

5 THE REGIONAL TRANSPORT OFFICER OFFICE OF THE REGIONAL TRANSPORT OFFICER 6 THE SUPERINTENDENT OF POLICE DHARMAPURI DHARMAPURI DISTRICT.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider the representation of the petitioner dated 17.02.2023 and also based on the permission granted by the 2nd respondent vide letter ROC. No.3530/2018/E3 dated 13.01.2022 to Dharmapuri Municipality for a proposal for construction of a new bus station on under Design Build Finance Operate and Transfer (DBFOT) Basis and Public Private Partnership (PPP Mode) for establishing a new bus stand in Reddihalli Village, Sogathur Panchayat in Survey No. 456/6, 456/8, 467/1, 104/3, 104/4, 104/5, 456/1, 456/3, 456/4, 456/5, 456/7, 457, 460, 459/1, 99/2A, 105/2A, 99/3B1, 99/2B, 105/213, 99/3B2, Dharmapuri District, Tamil Nadu with a view to avoid revenue loss to the fourth respondent Municipality as well as State exchequer.

For the Petitioner : Mr.N.R.Elango Senior Counsel for Mr.N.Umapathi For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 5 : Mr.R.Muniyapparaj Addl. Public Prosecutor assisted by Mr.M.Sylvester John

for respondent No.6

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.N.R.Elango, learned Senior Counsel for Mr.N.Umapathi, learned counsel for the petitioner;

Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 5; and, Mr.R.Muniyapparaj, learned Additional Public Prosecutor, assisted by Mr.M.Sylvester John, learned counsel for respondent No.6.

2. Learned Senior Counsel for the petitioner submits that a representation has been given for construction of the bus stand under the Design Build Finance Operate and Transfer basis and the public private partnership.

3. Learned State Government Pleader, on instructions, submits that tenders are already floated and within four months the same

would be finalized and thereafter the construction activity of the bus stand, as contended by the petitioner, would be commenced.

4. In view of the said statement, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 15.11.2023 Index :

Yes/No Yes/No sasi

To:

1 THE SECRETARY GOVERNMENT OF TAMILNADU MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT FORT ST. GEORGE CHENNAI 600 009.

2 THE COMMISSIONER OF MUNICIPAL ADMINISTRATION CHEPAUK, CHENNAI 600 005.

3 THE MUNICIPAL COUNCIL DHARMAPURI MUNICIPALITY 4 THE COMMISSIONER DHARMAPURI MUNICIPALITY 5 THE REGIONAL TRANSPORT OFFICER OFFICE OF THE REGIONAL TRANSPORT OFFICER 6 THE SUPERINTENDENT OF POLICE DHARMAPURI DHARMAPURI DISTRICT.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi) 15.11.2023