Sri Muthusamban Mooriyur Kanmai v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ and W.M.P.(MD)No.17275 of 2019 Sri Muthusamban Mooriyur Kanmai Maramathu Sangam, Rep. by its President, Duraikkannu : Petitioner Vs.
1.The Principal Secretary, Public Works Department, Secretariat, Fort St. George, Chennai.
2.The Chief Engineer, Public Works Department, Construction and Maintenance, Chepauk, Chennai-600 005.
3.The District Collector, Collectorate, Pudukkottai and District.
4.The Executive Engineer, Public Works Department, (South Vellaru), Water Resource Organization (WRO), Pudukkottai and District.
5.The Assistant Executive Engineer, Public Works Department, Water Resource Organization (WRO), Construction and Maintenance, Aranthangi, 6.The Tahsildar, Avudaiyar Kovil, 7.Thunjanoor Group, Mooriyiur Ayakattudhars Pasana Sangam, Thunjanoor, Avudaiyiarkovil Taluk, : Respondents 1/4
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 6 to verify the eligibility of the members of the association formed by the seventh respondent namely Thunjanoor Group, Mooriyiur Ayakattudhars Pasana Sangam, Thunjanoor, Avudaiyiarkovil Taluk, Pudukkottai District along with the petitioner's association and only thereafter, entrust the work of Kudimaramath work at Mooriyur Kanmai in Thunjanoor Revenue Village of Avudaiyar Kovil Taluk, Pudukkottai District to the petitioner's association namely "Sri Muthusamban Mooriyur Kanmai Maramarathu Paramamarippu Sangam"
in Mooriyur Kanmai in Thunjanoor Revenue Village of Avudaiyar Kovil Taluk, Pudukkottai District as per the directives issued in the Government Order in G.O.Ms.No.58, Public Works Department, dated 13.06.2019, within the time stipulated by this Court.
For Petitioner : Mr.K.Baalasundharam For Respondents : Mrs.J.Padmavathi Devi, Special Government Pleader ******
ORDER
The petitioner is an Association of Ayacutdhars in respect of Mooriyur Kanmai of Thunjanoor Revenue Village, Avudaiyar Kovil Taluk, Pudukkottai District. The Ayacutdhars of that Mooriyur Kanmai formed an Association called "Sri Muthusamban Mooriyur Kanmai Maramathu Sangam". The petitioner's Association has major support of the Ayacudhars. Whereas, the official respondents have issued the work order in favour of the seventh respondent/Thunjanur Group Mooriyur Ayakattuthararkal Pasana Sangam. The said seventh respondent Sangam does not have enough number of Ayacutdhars. The official respondents, only with a view to favour the seventh respondent, have given the work order in their favour. Aggrieved over the same, the petitioner is before this Court.
2. Heard the submissions of both sides.
3. This Court cannot touch upon the factual aspects of membership and that who is having more members and who is entitled to get recognition from the respondents 1 to 6.
4. Therefore, I direct the sixth respondent/Tahsildar, Avudaiyar Kovil, Pudukkottai District, to call for the production of appropriate documents to verify the land ownership as well as membership of the Association of the Ayacutdhars and to declare the major Association, which is entitled to do maintenance work. This exercise shall be repeated whenever the work order is given 2/4
to the Associations. Insofar as the present work order is concerned, it is given to the seventh respondent and the work has been completed and, therefore, this Court cannot interfere in that matter. But, in future, the District Collector, Pudukkottai District as well as the Tahsildar, Avudaiyar Kovil, Pudukkottai District, shall follow the said procedure before allotting the work orders.
5. The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) SML To 1.The Principal Secretary, Public Works Department, Secretariat, Fort St. George, Chennai.
2.The Chief Engineer, Public Works Department, Construction and Maintenance, Chepauk, Chennai-600 005.
3.The District Collector, Collectorate, Pudukkottai and District.
4.The Executive Engineer, Public Works Department, (South Vellaru), Water Resource Organization (WRO), Pudukkottai and District.
5.The Assistant Executive Engineer, Public Works Department, Water Resource Organization (WRO), Construction and Maintenance, Aranthangi, 3/4
6.The Tahsildar, Avudaiyar Kovil, +1 CC to M/s.K.BAALASUNDHARAM, Advocate ( SR-94388[F] dated 24/10/2019 ) +1 CC to M/s.SPL GP ( SR-94233[F] dated 24/10/2019 ) Order made in Dated: 22.10.2019 KM/(05.11.2019) 4P 9C 4/4