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Madras High CourtWP(MD)/6360/2020closed

Edaiyathimangalam Periya Kulam Kanmai Pasana Vivasaigal Nalasangam v. The Chief Engineer(General)

2020-06-02Honourable Mr Justice P. N. Prakash,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2020

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.5599 of 2020 Edaiyathimangalam Periya Kulam Kanmai Pasana Vivasaigal Nalasangam, represented by its President R.Bharathi ... Petitioner Vs.

1.The Chief Engineer (General), Public Works Department, Chennai.

2.The Engineer-in-Chief, Water Resource Department, Public Works Department, Chennai.

3.The District Collector, 4.The Revenue Divisional Officer, Aranthangi Taluk, Pudukkottai.

5.The Superintending Engineer, Water Resource Department, Public Works Department, Thanjavur.

6.The Executive Engineer, Water Resource Department, Public Works Department, Thanjavur.

7.The Assistant Engineer/Junior Engineer, Water Resource Department, Public Works Department, Kallanai Canel Division, Thanjavur.

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8.The Tahsildar, Manamelkudi Taluk, 9.Muthusamy ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, seeking to issue a writ of Mandamus directing the respondents 1 to 8 to ensure that the Kudimaramath work in Edaiyathimangalam Big Tank at Edaiyathi Village, Manamelkudi Taluk, Pudukkottai District, be carried out by the petitioner in accordance with law.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.P.Kannidevan Additional Government Pleader for R.1 to R.8 Mr.K.Balasundaram for R.9

ORDER

[Order of the Court was made by P.N.PRAKASH,J.] Heard Mr.P.Ganapathi Subramanian, learned Counsel for the petitioner, Mr.P.Kannidevan, learned Additional Government Pleader appearing for the respondents 1 to 8 and Mr.K.Baalasundaram, learned Counsel for the ninth respondent.

2. It is seen that the work has been allotted to an Association which has not been made as a party respondent. That apart, the allotment order has not been challenged.

3. Hence, this writ petition is closed with liberty to the petitioner either to file a suit or file a fresh writ petition (PIL) impleading the parties and challenging the allotment order. No costs. Consequently, the connected writ miscellaneous petition is also closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

rsb To 1.The Chief Engineer (General), Public Works Department, Chennai.

2.The Engineer-in-Chief, Water Resource Department, Public Works Department, Chennai.

3.The District Collector, 4.The Revenue Divisional Officer, Aranthangi Taluk, Pudukkottai.

5.The Superintending Engineer, Water Resource Department, Public Works Department, Thanjavur.

6.The Executive Engineer, Water Resource Department, Public Works Department, Thanjavur.

7.The Assistant Engineer/Junior Engineer, Water Resource Department, Public Works Department, Kallanai Canel Division, Thanjavur.

8.The Tahsildar, Manamelkudi Taluk, +1 CC to SPL GP ( SR-13050[F] dated 03/06/2020 ) and W.M.P(MD)No.5599 of 2020 02.06.2020 KM (08.06.2020) 3P 10C 3/3