Nagoorkani K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) Nos.4981 & 4982 of 2023 K.Nagoorkani ... Petitioner -vs1.The District Collector Sivagangai District 2.The Revenue Divisional Officer Sivagangai District 3.The Tasildhar Thiruppuvanam Taluk Sivagangai District 4.The Assistant Director (Town Panchayat) Sivagangai Zone Sivagangai District 5.The Executive Officer Thiruppuvanam Town Panchayat Thiruppuvanam Town Sivagangai District

6.The Junior Engineer Thiruppuvanam Town TP (Group) Sivagangai District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records relating to the impugned tender notice in Na.Ka.No.79/2022/A1, dated 24.02.2023, on the file of the fifth respondent and quash the same as illegal and consequently directing the respondents 3 and 5, after removal of the encroachment at Thiruppuvanam Town Ward No.5, Korakkanathar Kovil to Madurai Mandapam Main Road and Theradi Veethi to Korakkanathar Kovil, to published the fresh tender notice, on the basis of the order passed by this Court in W.P.(MD) No. 26965 of 2022, dated 30.11.2022 and the fifth respondent proceedings in Na.Ka.No.79/2022/A2 dated 09.01.2023.

For Petitioner :

Mr.R.Udhayakumar For Respondents :

Mr.P.Thilakkumar, Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.P.Thilakkumar, learned Government Pleader, appearing for the respondents, would submit that the tender for formation of paver block road has been postponed, in view of the intervention by TWAD Board, which has

sought for permission for laying underground water pipelines to take drinking water. He would also submit that pursuant to the order of this Court dated 09.02.2023 passed in Cont.P.(MD) No.169 of 2023, action is being taken to remove the encroachments by due process of law.

2. In view of the above submission, the writ petition is closed as no further orders are necessary. The Government will pursue the action for eviction initiated pursuant to the order of this Court dated 09.02.2023 in Cont.P.(MD) No.169 of 2023. No costs. Consequently, connected miscellaneous petitions are closed.

[R.S.M., J.] [L.V.G., J.] 13.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Sivagangai District.

2.The Revenue Divisional Officer, Sivagangai District.

3.The Tasildhar, Thiruppuvanam Taluk, Sivagangai District.

4.The Assistant Director, (Town Panchayat), Sivagangai Zone, Sivagangai District.

5.The Executive Officer, Thiruppuvanam Town Panchayat, Thiruppuvanam Town, Sivagangai District.

6.The Junior Engineer, Thiruppuvanam Town TP (Group), Sivagangai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) Nos.4981 & 4982 of 2023 13.03.2023