Mohammed Iqbal S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.16361 of 2021 and W.M.P.(MD)Nos.13215, 13217 & 13218 of 2021 S.Mohammed Iqbal

...Petitioner

/Vs./ 1.The District Collector, Collectorate, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

3.The Assistant Director (Town Panchayat), Collectorate Campus, Sivagangai District.

4.The Tahsildar, Mudukulathur Taluk, 5.The Executive Officer, Mudukulathur Town Panchayat, Mudukulathur, 1/4

6.The Special Officer, Mudukulathur Town Panchayat, Mudukulathur,

...Respondents

PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records pertaining to the impugned Tender Notification in Na.Ka.No.A1/244/2021 dated 23/08/2021 in so far as the Serial No.2 namely Development of Sundarapandian Urani, Mudukulathur Town Panchayat, Ramanathapuram District in Survey No.64/5 measuring 2.96 acres on the file of the Respondent Nos.5 and 6 and quash the same as illegal. For Petitioner : Mr.I.Pinaygash For Respondents : Mr.A.K.Manikkam (R1 to R4) Special Government Pleader Mr.N.Dilipkumar (R5 & R6)

ORDER

This writ petition has been filed challenging the impugned Tender Notification in Na.Ka.No.A1/244/2021 dated 23/08/2021 insofar as the Serial No.2 namely Development of Sundarapandian Urani, Mudukulathur Town Panchayat, Ramanathapuram District in Survey No.64/5 measuring 2.96 acres on the file of the Respondent Nos.5 and 6.

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2. When the matter was taken up for hearing today, the learned Standing Counsel appearing on behalf of the respondents 5 and 6 submitted that the tender notification itself was cancelled. The written instructions that was received from the fifth respondent was also placed before this Court.

3. There was an interim order in favour of the petitioner during the pendency of this writ petition. Hence, disposal of this writ petition by virtue of the subsequent development will not take away the right of the petitioner to enjoy the subject property unless and otherwise he is evicted by due process of law.

4. This writ petition is disposed in the above terms. No costs. Consequently, connected miscellaneous petitions are closed. 29.11.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm 3/4

N.ANAND VENKATESH, J.

sm TO:- 1.The District Collector, Collectorate, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

3.The Assistant Director (Town Panchayat), Collectorate Campus, Sivagangai District.

4.The Tahsildar, Mudukulathur Taluk, Order made in W.P.(MD)No.16361 of 2021 Dated:

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