Madras High CourtWP(MD)/8329/2022disposed as infructuous

Muthukrishnan .P v. The Commissioner

2022-06-20Honourable Mr Justice M. Nirmal Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2022

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Writ Petition (MD) No.8329 of 2022 and W.M.P.(MD)Nos.6185 and 6187 of 2022 P.Muthukrishnan .. Petitioner

Versus

1.The Commissioner, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Thanjavur District.

3.The Assistant Commissioner, Pudukkottai, Pudukkottai District.

4.The Inspector, Kulathur, Pudukkottai District.

5.S.Rengarajan Naidu .. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records relating to the impugned tender notification dated Nil, issued by the fifth respondent, seeking public auction to cut and remove the Seemai Karuvela Trees in respect of S.F.No.43 and 36/1 of Pidampatti Village, Singathakurichi Vattam, Kulathur Taluk, Pudukkottai District, quash the same as illegal. For Petitioner :

Mr.M.Suresh For R1 to R4 :

Mr.P.Subbaraj Special Government Pleader For R5 :

Mr.R.Murali

ORDER

This Writ Petition has been filed to quash the impugned tender notification dated Nil, issued by the fifth respondent, seeking public auction to cut and remove the Seemai Karuvela Trees in 1/3

respect of S.F.No.43 and 36/1 of Pidampatti Village, Singathakurichi Vattam, Kulathur Taluk, Pudukkottai District. 2.This Court, vide interim order dated 26.04.2022, directed the petitioner to take immediate steps to remove Seemai Karuveela Trees [Prosopis Juliflora] at his cost and file a Memo to that effect on the next date of hearing. Against the said order, the fifth respondent has filed W.A.(MD)No.460 of 2022. This Court, vide judgment dated 11.05.

2022, disposed the said Writ Appeal, directing the fifth respondent to approach the competent forum under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, within a period of two weeks from the said date and also directed the third respondent to consider the same and take appropriate decision within a period of 12 weeks thereafter, by providing adequate opportunity to the aggrieved parties. 3.Today, when the matter is taken up for hearing, the learned counsel for the petitioner has filed a Memo dated 20.06.2022, stating that the petitioner has removed the Seemai Karuveela Trees [Prosopis Juliflora] from the subject survey numbers. Hence, the relief sought for in the present Writ Petition has become infructuous.

4.Recording the Memo filed by the petitioner, dated 20.06.2022, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-III) // True Copy // /06/2022 Sub Assistant Registrar(CS) smn2 To 1.The Commissioner, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Thanjavur District.

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3.The Assistant Commissioner, Pudukkottai, Pudukkottai District.

4.The Inspector, Kulathur, Pudukkottai District.

+1 CC to M/s.R. MURALI, Advocate ( SR-27052[F] dated 21/06/2022 ) +1 CC to M/s.SPL.GP ( SR-27108[F] dated 21/06/2022 ) +1 CC to M/s.M. SURESH, Advocate ( SR-27214[F] dated 21/06/2022 ) 20.06.2022 NSN(CO) KB(28.06.2022) 3P 8C 3/3