Jegan. E v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) No.3881 of 2024 E.Jegan ... Petitioner -vs1.The District Collector, 2.The Executive Officer, Thiruvattar Town Panchayat, Thiruvattar, 3.The Assistant Director, Town Panchayat, Nagercoil, 4.The Deputy Superintendent of Police, Anti Corruption and Vigilance Cell, Nagercoil,

5.Thangaraj 6.S.Sam Lauran 7.The President, Thiruvattar Town Panchayat, Thiruvattar, 8.Bergin ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st Respondent to appoint the committee to supervise the Thiruvattar Bus Stand removation work in Kanyakumari District. .

For Petitioner :

Mr.V.M.Bala Mohan Thambi For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 & R3 Mr.S.S.Madhavan, Government Advocate (Crl. side) for R4

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the 1st Respondent to appoint a committee to supervise the Thiruvattar Bus Stand renovation work in Kanyakumari District.

2. By consent of both sides, the Writ Petition is taken up for final hearing at the time of admission itself. Considering the nature of the order proposed to be passed in this Writ Petition, protecting the interests of the respondents 2, 5 to 8 also, notice to the respondents 2, 5 to 8 is dispensed with.

3. According to the petitioner, since the respondents 5 and 6 are doing the construction work with low quality material and proper material is not included in the construction work, he made a representation dated 14.09.2024, to the official respondents to appoint a committee to supervise the Thiruvattar Bus Stand renovation work in Kanyakumari District and since the same has not been considered so far, the petitioner is constrained to approach this Court by filing the present Writ Petition.

4. According to the learned counsel for the petitioner, though the petitioner has sought for a larger relief, he would be satisfied if a direction is issued to the second respondent to consider the representation of the petitioner, dated 14.09.2024, to appoint a committee to supervise the Thiruvattar Bus Stand removation work in Kanyakumari District, on merits and in accordance with law.

5. Considering the limited scope of the prayer now sought for by the petitioner, without going into the merits of the claim made by the petitioner either in the Writ Petition or in the representation, this Court directs the fourth respondent to consider the representation of the petitioner dated 14.09.2023 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, after providing opportunity of hearing to the petitioner, respondents 5 to 8 and any other persons concerned.

6. With the aforesaid directions, the Writ Petition stands disposed of. No costs. Consequently, connected Writ Miscellaneous Petition is closed. [D.K.K., J.] [R.V., J.] 21.02.2024 Index : Yes / No Internet : Yes / No SJ To 1.The District Collector,

2.The Assistant Director, Town Panchayat, Nagercoil, 3.The Deputy Superintendent of Police, Anti Corruption and Vigilance Cell, Nagercoil,

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

SJ 21.02.2024