Madras High CourtWP(MD)/14444/2023dismissed

Thangavelraj S v. The Additional Principal Secretary To Government

2023-06-20Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.14444 of 2023 and WMP(MD)No.12243 of 2023 S.Thangavelraj ... Petitioner Vs

1. The Additional Principal Secretary to Government, Municipal Administration and Water Supply, Fort St. George, Chennai - 600 009.

2. The Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.

3. The Commissioner of Land Administration, Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai - 600 005.

4. The District Collector, Karur, Karur District.

5. The District Revenue Officer, District Collector Office, Karur District.

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6. The Commissioner, Karur Municipal Corporation, Karur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third and fourth respondents to grant opportunity of personal hearing to the petitioner while considering the approval of proposed alignment of field bothies at Thirumanilaiyur Revenue Village, Karur, Karur District by considering the petitioner's representation, dated 25.03.2023. For Petitioner : Mr. Naveen Chandran C B For R1 to R5 : Ms.D.Farjana Ghoushia Special Government Pleader For R6 : Mr.K.Balasubramanian

O R D E R

This writ petition is misconceived. It is filed in the nature of mandamus, seeking a direction against the third and fourth respondents to grant opportunity of personal hearing to the petitioner by the first respondent. 2.The petitioner had already approached National Green Tribunal and filed O.A.No.132 of 2022, seeking a direction against the respondent to 2/5

stop construction of bus stand at Thirumanilaiyur Revenue Village, Karur, Karur District and to remove all the obstructions created on the Thirumanilaiyur Rajavaikkal and to restore the same to its original status. After considering the rival contentions, the National Green Tribunal by Judgment, dated 23.03.2023 had passed several directions in that regard. The first respondent will have to comply with the directions passed therein. Now, the petitioner seeks to grant opportunity of personal hearing, while considering the approval of alternate pathway. 3.The first respondent is acting according to the directions given by the National Green Tribunal. Again this Court cannot be a parallel forum and issue directions in this regard.

4.Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 20.06.2023 NCS : Yes/No Index : Yes / No Internet: Yes/ No PNM 3/5