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Madras High CourtWP(MD)/17771/2019dismissed

G.Muthiah v. The Revenue Divisional Officer

2020-07-17Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD)No.17771 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.07.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.17771 of 2019 and W.M.P.(MD) No.14247 of 2019 G.Muthaiah

...Petitioner

Vs 1.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Sivagangai, Sivagangai District.

2.The Tahsildar, Thirupuvanam Taluk, Sivagangai District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to extend the time for a period of three months and to issue a cutting order for removal of the Seemai Karuvelam Trees in the Poovanthi Tank in Thirupuvanam Taluk, Sivagangai District within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.V.Anand Government Advocate

ORDER

This Writ Petition is filed to direct the 1st respondent to extend the time further for a period of three months and to issue a cutting order for removal of the Seemai Karuvelam Trees in the Poovanthi Tank in Thirupuvanam Taluk, Sivagangai District. 2.According to the petitioner, as per the proceedings of the 2nd respondent dated 08.03.2017, he was the successful bidder for removal of "Seemai Karuvelam" trees for the period from 08.03.2017 to 08.03.2019. However, due to the shortage of labourers, the trees, which were grown in the bunds, could only be removed and the trees, which were grown in the remaining areas, could not be removed.

3.Under these circumstances, the petitioner made a representation dated 16.07.2019 to the respondents to extend the time further for a period of three months and to issue an order for removal of "Seemai Karuvelam" trees in Poovanthi Tank in https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.17771 of 2019 Thirupuvanam Taluk, Sivagangai District. But, on such representation no action has been taken by the respondents. Hence, left with no other alternative, the present writ petition has been filed. 4.The learned Government Advocate appearing for the respondents would submit that the petitioner's tender period for removal of the "Seemai Karuvelam" trees came to end on 09.03.2019 and that the petitioner is not entitled for renewal of time. 5.Further, the learned Government Advocate would submit that by considering the aforesaid fact, the petitioner's representation dated 16.07.2019 was rejected by the authorities. Therefore, he would submit that nothing survives for further adjudication in this writ petition and prays before this Court that the writ petition ought to be dismissed.

6.Considering the facts and circumstances of this case that the petitioner's tender period for removal of the "Seemai Karuvelam" trees came to end on 09.03.2019 and his representation dated 16.07.2019 was also rejected by the authorities and in agreement with the submission made by the learned Government Advocate, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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 Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Sivagangai,Sivagangai District.

2.The Tahsildar, Thirupuvanam Taluk, Sivagangai District.

W.P.(MD) No.17771 of 2019 17.07.2020 AP (27.07.2020) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2