Madras High CourtWP(MD)/13830/2016dismissed

Seetharaman, v. The District Collector

2016-08-03Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE B.GOKULDAS W.P.(MD)No.13830 of 2016 Seetharaman : Petitioner Vs.

1.The District Collector, Thoothukudi District.

2.The Tahsildar, Vilathikulam, Thoothukudi District.

3.The Block Development Officer, Panchayat Union Office, Vilathikulam, Thoothukudi District.

4.M/s.Nagajothi, Panchayat President, Vellaiyammalpuram Village, Vilathikulam Taluk, Thoothukudi District.

5.Sankarasubbu : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents 1 to 3 to cancel the auction in favour of the fifth respondent for cutting the Karuvella Trees in Survey Nos.22,23 and 24 situated at Velliyammalpuram Village, Vilathikulam Taluk, Thoothukudi District, by considering the petitioner's representation dated 06.05.2016. For Petitioner : Mr.J.Selvam for Mr.S.Ramasamy For Respondents 1&2 : Mr.M.Alagathevan, Special Government Pleader For Respondent No.3 : Mr.A.Muthukaruppan, Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

[Order of the Court was made by K.K.SASIDHARAN, J.] Even according to the petitioner, the authorities conducted auction and privilege was given to the fifth respondent. There is no question of cancelling the auction after conducting auction and granting privilege to cut and remove the Karuvella Trees to the fifth respondent. We, therefore, do not find any reason to issue a Mandamus as prayed for by the petitioner.

2. In the upshot, we dismiss the Writ Petition. No costs. However, we make it clear that the dismissal of the Writ Petition would not stand in the way of the petitioner from challenging the privilege granted to the fifth respondent, if he is so advised. Sd/ Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Thoothukudi District.

2.The Tahsildar, Vilathikulam, Thoothukudi District.

3.The Block Development Officer, Panchayat Union Office, Vilathikulam, Thoothukudi District.

+1 cc to MR.S.RAMASAMY, Advocate Sr.No.41641 +1 cc to Special Government Pleader Sr.No.42172 SMA/KP/12/08/2016 :2P/6C Order made in W.P.(MD)No.13830 of 2016 Dated: 03.08.2016 https://hcservices.ecourts.gov.in/hcservices/