Francis v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.11124 of 2017 and W.M.P(MD)No.8533 of 2017 Francis ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Executive Engineer, Public Works Department, Water Resource Organisation, Kothayar Channel Division, Nagercoil, Kanyakumari District.

3.The Assistant Executive Engineer, Public Works Department, Water Resource Organisation, Pattanamkal Sub Division, Kuzhuthurai, Kanyakumari District. ... 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 in connection with the impugned order of the first respondent vide proceedings in No.Che.Mu.No.1983/11/A3(1), dated 12.09.2011 and quash the same.

For Petitioner : Mr.Hariprasad For Respondents : Mr.T.S.Mohammed Mohideen, AGP

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner questions the order dated 12.09.2011 passed by the first respondent according administrative sanction for carrying out certain works out of the Member of Parliament Constituency Development fund.

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2.It appears that a road was laid on a water body pursuant to the permission granted in the impugned proceeding. It is however seen that the writ petitioner has already moved this Court and this Court, subsequently observed that laying of such road was very much in public interest.

2.In view of the order dated 21.04.2017 made in contempt application No.1377 of 2015 passed by this Court, on the earlier occasion, this writ petition cannot be maintained. On this ground, this writ petition stands dismissed. No costs.

Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Executive Engineer, Public Works Department, Water Resource Organisation, Kothayar Channel Division, Nagercoil, Kanyakumari District.

3.The Assistant Executive Engineer, Public Works Department, Water Resource Organisation, Pattanamkal Sub Division, Kuzhuthurai, Kanyakumari District.

+One cc to The Special Government Pleader, SR.No.73882 sss RL/5C/2P/MR/KKR/SAR4/6/11/2017 W.P(MD)No.11124 of 2017 and W.M.P(MD)No.8533 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 21.08.2017