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Madras High CourtWP(MD)/8601/2020disposed of

S.P.J.Sundararajan v. The Dist.Collector

2020-08-05Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice P. Rajamanickam2 pages

W.P.(MD)No.8601 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2020

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD)No.8601 of 2020 and W.M.P.(MD).No.7969 of 2020 S.P.J.Sundararajan ... Petitioner Vs.

1. The District Collector/Inspector of Panchayat, Collectorate, Tuticorin District.

2. The Assistant Director of Town Panchayat, Office of Assistant Director of Town Panchayat, Tirunelveli.

3. The Executive Officer, Perungulam Town Panchayat, Perungulam, Tuticorin District-628752.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to initiate disciplinary proceedings against the third respondent based on the complaint given by the petitioner dated 07.06.2020 and to conduct independent enquiry on the issue of violating the established procedure of e-tender, dated 12.11.2019 and 23.12.2019, substandard road formation without any specific standard and procedure as approved by the authorities, forfeit earnest money deposited by tender bidders and block listing them from participating government tender in future. For Petitioner : Mr. S.Mandhiralingeswaran For Respondents : Mr. Aayiram K.Selvakumar, Additional Government Pleader

O R D E R

[Order of the Court was made by M.SATHYANARAYANAN, J.] The matter in issue pertains to the alleged poor quality road which has been recently laid between Durairajapuram, Indhu School Street, Suyambulinga Samy Kovil Street No.8, Kurukkuvilai Sivanaitha Perumal Kovil Street, Dhaveedhu Nagar, Kamarajar Street, Pathrakaliyammal Kovil Street, Arunthathiyar Street to Vanniyanur Street, Mela Street, Pillayar Street, Mannaraiyaanthattu North Street etc., at Perungulam Town Panchayat in Thoothukudi District. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.8601 of 2020

2. The learned counsel appearing for the petitioner has drawn the attention of this Court to the photographs filed in support of this writ petition and would submit that though very many lakhs of amount was spent on account of laying of the poor quality road, it is likely to be damaged and therefore, prays for appropriate orders.

3. Mr.Aayiram K.Selvakumar, learned Additional Government Pleader accepts notice on behalf of the respondents and seeks time to file a status report along with supporting documents.

4. This Court, in the light of the above facts and circumstances, without going into the merits of the claim projected by the petitioner either in his representation or in this writ petition, directs the respondents 2 and 3 to cause joint inspection of the road in question along with the support of technical personnel and thereafter, send the response to the representation of the petitioner within a period of eight weeks from the date of receipt of a copy of this order.

5. Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

6. Call on second week of October 2020, for reporting compliance.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) pkn Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned To

1. The District Collector/Inspector of Panchayat, Collectorate, Tuticorin District.

2. The Assistant Director of Town Panchayat, Office of Assistant Director of Town Panchayat, Tirunelveli.

3. The Executive Officer, Perungulam Town Panchayat, Perungulam, Tuticorin District-628752.

W.P.(MD)No.8601 of 2020 and W.M.P.(MD).No.7969 of 2020 sma/14/08/2020/2p/4c 05.08.2020 https://hcservices.ecourts.gov.in/hcservices/ 2/2