S. Archunan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Archunan ... Petitioner vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Divisional Engineer, Highways Department, Nabard and Roads, Pudukkottai.

3.The Assistant Divisional Engineer, Highways Department, Nabard Rural Roads, Pudukkottai.

4.The Assistant Engineer, Highways Department, Nabard and Rural Roads, Alangudi, Pudukkottai District.

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5.M/s.R.R & Constructions, Represented through its Proprietor, Kalaimani.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to cancel the tender and take necessary action against the fifth respondent for laid the diversion road without quality at Alangudi to Alangadu diversion bridge at Alangudi Taluk, Pudukkottai District without following the Tender Rules, by considering the petitioner's representation dated 05.11.2024. For Petitioner : Mr.E.Balasubramanian For RR 1 & 2 : Mr.P.Thilak Kumar Government Pleader For R - 5 : Mr.M.Rajarajan

ORDER

(Order of the Court was made by J. NISHA BANU, J.) The petitioner, who has filed this writ petition in the guise of public interest litigation, has sought for initiating action against the fifth respondent. 2/5

2.According to the petitioner, the fifth respondent has laid the diversion road without quality at Alangudi to Alangadu at Alangudi Taluk, Pudukkottai District without following the Tender Rules. 3.When the matter is taken up for hearing today, the learned Government Pleader appearing for the respondents 1 and 2 stated that the work is under process and the petitioner has filed the present Writ Petition with an ulterior motive and without raising any specific allegations against the fifth respondent.

4.In our opinion, this Writ Petition is a vexatious and frivolous litigation. Therefore, we are not inclined to entertain this Writ Petition. Accordingly, the Writ Petition stands dismissed. There shall be no order as to costs.

[J.N.B.,J.] & [S.S.Y.,J.] 19.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes 3/5

To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Divisional Engineer, Highways Department, Nabard and Roads, Pudukkottai.

3.The Assistant Divisional Engineer, Highways Department, Nabard Rural Roads, Pudukkottai.

4.The Assistant Engineer, Highways Department, Nabard and Rural Roads, Alangudi, Pudukkottai District.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 19.02.2025 5/5