Ovr.Thiruppathi @ Venkatraman v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P.(MD)No.2110 of 2021 OVR.Thiruppathi @ Venkatraman : Petitioner Vs.

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

2.The District Collector, O/o. the District Collector, Madurai District.

3.The Chief Engineer, Pennycuick Campus, Madurai District.

4.The Block Development Officer, Block Development Office, Vadipatty Panchayat Union, Madurai District.

5.Kattakulam Panchayat, Rep. by The Panchayat President, Kattakulam Panchayat, Vadipatti, Madurai District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents to conduct re-auction for uprooting the Seemai Karuvelam trees in Kattakulam Kanmoi, situated in Kattakulam Panchayat, Vadipatty Taluk, Madurai District, after making proper valuation of the trees in the said kanmoi, by constituting a Committee of revenue and village people, by considering the petitioner's representation dated 20.01.2021.

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For Petitioner : Mr.R.Alagumani For Respondents : Mr.K.P.Krishnadoss, Special Government Pleader for R.1 to R.3 Mr.K.Mu.Muthu, Additional Government Pleader for R.4 & R.5 *****

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to file this writ petition seeking a writ of mandamus to conduct re-auction, on the premise that the auction was confirmed for a very low price.

2. From the communication sent by the fourth respondent to the petitioner, dated 21.12.2020, it appears that 75% of the trees were already auctioned and they were accordingly, uprooted. For the remaining 25% of the trees, auction has been held on 11.11.2020.

3. The said auction has not been challenged, nor the successful bidder has been impleaded. Now, a third party right has been created. The petitioner has not even pointed out any procedural violation.

4. In such view of the matter, we are not inclined to entertain this writ petition and the same is accordingly, dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) gk To 1.The Principal Secretary, State of Tamil Nadu, Secretariat, Chennai - 600 009.

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2.The District Collector, O/o. the District Collector, Madurai District.

3.The Chief Engineer, Pennycuick Campus, Madurai District.

4.The Block Development Officer, Block Development Office, Vadipatty Panchayat Union, Madurai District.

5.The President, Kattakulam Panchayat, Vadipatti, Madurai District.

+1 CC to M/s.GP ( SR-4901[F] dated 15/02/2021 ) 11.02.2021 KUN(CO) TR(23.02.2021) 3P 7C 3/3