Madras High CourtWP/30916/2016withdrawn dismissed

S.Rajalingam, v. Government Of Tamil Nadu,

2016-09-09Honourable Mr Justice B. Rajendran2 pages

N THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.09.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition No. 30916 of 2016 -- S. Rajalingam .. Petitioner

Versus

1. Government of Tamil Nadu represented by its Additional Chief Secretary to Government Highways & Minor Ports Department Fort St. George, Secretariat Chennai - 600 009

2. Divisional Engineer (National Highways) Highways Department Jawaharlal Nehru Road Arumbakkam, Chennai - 600 106 ..Respondents Petition filed under Article 226 of The Constitution of India praying for issuing a Writ of Certiorarified Mandamus calling for the records from the second respondent relating to the Tender notification No.2/2016-2017/Va.Tho.A dated 01.07.2016 read with tender notification No.3/20162017/Va.Tho.A dated 06.07.2016 and read with Tender Notification No.4/2016-2017/Va. Tho.Aa, dt.08.07.

2016 issued by the second respondent with respect to the auction for cutting and removing the trees in the TiruvannamalaiVillupuram National Highways read with all actions/proceedings of the respondents in this regard, quash the same and consequently direct the respondents 1 and 2 to publish the tender notification in news papers and other journals as per Section 9 (3) of the Tamil Nadu Transparency in Tenders Act, 1998, permit all the aspirants including the petitioner to participate in the process and award tender to the successful bidder and following the due procedure mentioned in the said Act.

For Petitioner : Mr. S. Saravanakumar For Respondents : Mr. S.T.S. Murthi Additional Advocate General assisted by Mr. R.A.S. Senthilvel Additional Government Pleader

ORDER

https://hcservices.ecourts.gov.in/hcservices/ When the above writ petition was taken up for hearing at 01.00 p.m. in the forenoon session, after hearing the counsel

for both sides, this court directed the petitioner herein to deposit a sum of Rs.75,00,000/- and his offer will start from Rupees One Crore. However, before the raising of the Court during lunch hour, at 1.30 p.m. the learned counsel for the petitioner made a mentioning to re-hear the case as he had obtained instructions from the petitioner. Accordingly, the writ petition was taken up for hearing at 2.15 p.m. 2.

During the course of hearing, the learned counsel for the petitioner submits that most of the trees have been cut and carried away by the contractors and in such event, even if the petitioner succeeds in the writ petition, by that time, the petitioner will have no trees to be cut. The learned counsel for the petitioner also further submits that in such a circumstance, the petitioner is not willing to deposit a sum of Rs.75,00,000/- as directed by this Court. The learned counsel for the petitioner therefore submits that he was instructed by the petitioner to withdraw this writ petition. He has also made an endorsement to that effect. 3.

In view of the above, the writ petition is dismissed as withdrawn. No costs. Consequently, WMP Nos. 26783 and 26784 of 2016 are closed.

rsh Sd/- Assistant Registrar (CS-II) /TRUE COPY/ Sub-Assistant Registrar To

1. Government of Tamil Nadu represented by its Additional Chief Secretary to Government Highways & Minor Ports Department Fort St. George, Secretariat Chennai - 600 009

2. Divisional Engineer (National Highways) Highways Department Jawaharlal Nehru Road Arumbakkam, Chennai - 600 106 +1CC to MR.S.SARAVANAKUMAR Advocate SR.NO.51507 WP No. 30916 of 2016 CNR[CO] MK:19/10/2016 https://hcservices.ecourts.gov.in/hcservices/