← Library
Madras High CourtWP(MD)/7874/2018dismissed as infructuous

N.Petchithai v. The District Collector

2024-11-04Honourable Mr Justice G.K. Ilanthiraiyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.7459 of 2018 N.Petchithai ... Petitioner Vs 1.The District Collector, Collectorate Office, Tirunelveli District.

2.The Superintendent Engineer, Thamirabarani Crop Circle, Palayamkottai Water Source System, Tirunelveli District.

3.Assistant Executive Engineer, Public Works Department Office, Nambiyaru Crop Circle Sub-Division, Kamarajar Street, Nanguneri, Tirunelveli District.

4.Assistant Engineer, Public Works Department Office, Nambiyaru Crop Circle Sub-Division, Kamarajar Street, Nanguneri, Tirunelveli District.

5.P.Muthukrishnan @ Kannan ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents 2 to 4 1/5

herein to consider the petitioner's representation dated 28.03.2018 and to direct the respondents 2 to 4 herein to conduct public auction in 'North Vijaya Narayanam Tank', North Vijaya Narayanam Village, Nanguneri Taluk, Tirunelveli District and pass appropriate orders within the time stipulated by this Court. For Petitioner : Mr.V.Meenakshi Sundaram For RR 1 to 4 : Mr.M.Senthil Ayyanar Government Advocate For R - 5 : No appearance

ORDER

This Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents 2 to 4 to consider the petitioner's representation dated 28.03.2018 and to direct the respondents 2 to 4 to conduct public auction in 'North Vijaya Narayanam Tank', North Vijaya Narayanam Village, Nanguneri Taluk, Tirunelveli District and pass appropriate orders within the time stipulated by this Court.

2.When the matter is taken up for hearing today, the learned counsel appearing for the petitioner submitted that the auction had already been conducted and time also expired. 2/5

Therefore, nothing survives for further adjudication in the Writ Petition.

3.Recording the said submission, this Writ Petition is dismissed as infructuous. However, it is also made clear that the respondents 1 to 4 must ensure that the auction is to be conducted every year, after the expiry of the period. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 04.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The District Collector, Collectorate Office, Tirunelveli District.

2.The Superintendent Engineer, Thamirabarani Crop Circle, Palayamkottai Water Source System, Tirunelveli District.

3.Assistant Executive Engineer, Public Works Department Office, Nambiyaru Crop Circle Sub-Division, Kamarajar Street, Nanguneri, Tirunelveli District.

4.Assistant Engineer, Public Works Department Office, Nambiyaru Crop Circle Sub-Division, Kamarajar Street, Nanguneri, Tirunelveli District.

4/5

G.K.ILANTHIRAIYAN, J.

ps Order made in 04.11.2024 5/5