Jegadesh Kumar v. The Dist.Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Jegadesh Kumar ... Petitioner vs.

1.The District Collector, Ramanathapuram District.

2.The Sub-Collector, Paramakudi, Ramanathapuram District.

3.The Tahsildar, Paramakudi, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to issue tender order to the petitioner pursuant to his proceedings dated 28.02.2017 in Na.Ka.P2/10341/2016 for cutting the Seemai Karuvelai Trees (Julifora) in Survey Nos.45/2, 55, 56 57, 58/1 and 135/1B situated at Ariyankottai Channel, Ramanathapuram District within time frame as stipulated by this Court.

For Petitioner :Mr.S.Ramasamy For Respondents :Mr.R.Ragavendran Government Advocate ***** 1/4

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the second respondent to issue tender order to the petitioner pursuant to the proceedings dated 28.02.2017, wherein, the petitioner was chosen to cut Seemai Karuvelai Trees (Julifora). 2.Even when the matter came up for hearing on 17.06.2021, this Court passed the following order:

"The affidavit filed in support of the Writ Petition does not contain any explanation as to why there was a delay of more than 2 1⁄2 years for the petitioner to approach this Court after the last representation was made on 25.02.2019. The learned Counsel for the petitioner sought for some time to file an additional affidavit."

3.When the matter was taken up for hearing today, the learned Government Advocate appearing on behalf of the respondents, on instructions, submitted that tender given in favour of the petitioner was cancelled and it was subsequently allotted in favour of one Gajendran son of Karuppu Thevar. Pursuant to the same, he has completed the work and removed the Seemai Karuvelai Trees.

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4.In view of the above, nothing survives in this Writ Petition. If according to the petitioner, he has paid any amount to the respondents and is seeking for refund of the same, the petitioner has to independently workout his remedy in accordance with law.

5.The Writ Petition is disposed of in the above terms. No costs. Index :Yes / No 18.10.2023 Internet :Yes NCC : Yes/No cmr To 1.The District Collector, Ramanathapuram District.

2.The Sub-Collector, Paramakudi, Ramanathapuram District.

3.The Tahsildar, Paramakudi, Ramanathapuram District.

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N.ANAND VENKATESH, J.

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