S.Thillai Nadarajan (Died) v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Thirteenth day of September Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice R.VIJAYAKUMAR W.P(MD)No. 6840 of 2012 S.THILLAI NADARAJAN (DIED) ... DIED/PETITIONER 1.T.MAHESH ... PETITIONER/ PETITIONER Vs 1 THE DISTRICT COLLECTOR, TIRUNELVELI DISTRICT, TIRUNELVELI.
2 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, WATER RECOURCES ORGANIZATION, CHITTAR BASIN DIVISION, TENKASI, TIRUNELVELI DISTRICT.
3 THE JUNIOR ENGINEER, PUBLIC WORKS DEPARTMENT, WATER RESOURCES ORGANIZATION, IRRIGATION SECTION, TALUK OFFICE CAMPUS, TENKASI, TIRUNELVELI DISTRICT.
4 THE INSPECTOR OF POLICE, ACHANPUDUR POLICE STATION, ACHANPUDUR POST, SHENKOTTAI TALUK, TIRUNELVELI DISTRICT.
... RESPONDENTS/ RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to amend the prayer in WP(MD).No.6840/2012 as follows For the reasons stated it is most humbly prayed that this Honble Court may be pleased to issue a Writ of Certiorarified Mandamus or any other appropriate Writ or order of direction in the nature of writ to call for the records in pursuant to the impugned government order issued by the 1st Respondent in G.O.(Ms).No.16 Public Works (W2) Department dated 14.01.2011 and the consequential action notice issued by the 3rd Respondent in his proceedings Ka.No. Ko. T19/E.Po. / Tenkasi / dated 03.05.2012 and Quash the same and consequently 1/3
forbear the Respondents from in any way conducting auction in respect of Kulasekaraperi Tank, Achanputhur Village, Shenkottai Taluk, Tenkasi District, during the subsistence of the Petitioner's lease.
PRAYER IN W.P(MD)No. 6840 of 2012:
Writ Petition filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus or any other appropriate writ or oder or direction in the nature of writ to call for the records in pursuant to the impugned order passed by the 3rd Respondent proceedings Ka.No.Ko.T19/E.Po./Tenkasi/ dated 03.05.2012 and quash the same and consequently to forbear the respondents from in any way conduction auction in respect of Kulasekaraperi Tank, Achanputhur Village, Shenkottai Taluk, Tirunelveli District, during the subsistence of the Petitioner's lease.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.SARAVANAKUMAR.M, Advocate for the petitioner,the court made the following order:- The present application has been filed to amend the prayer in the writ petition so as to challenge G.O.Ms.No.16 Public Works (W2) Department, dated 14.01.2011. However, the authority who issued the Government Order has not been impleaded as one of the parties to the amendment application.
2. In view of the said fact, the learned counsel for the petitioner seeks permission of this Court to withdraw the present amendment petition with liberty to file a fresh amendment application and the same is granted.
3. Accordingly, this petition is closed.
sd/- 13/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
gbg TO 1 THE DISTRICT COLLECTOR, TIRUNELVELI DISTRICT, TIRUNELVELI.
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2 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, WATER RECOURCES ORGANIZATION, CHITTAR BASIN DIVISION, TENKASI, TIRUNELVELI DISTRICT.
3 THE JUNIOR ENGINEER, PUBLIC WORKS DEPARTMENT, WATER RESOURCES ORGANIZATION, IRRIGATION SECTION, TALUK OFFICE CAMPUS, TENKASI, TIRUNELVELI DISTRICT.
4 THE INSPECTOR OF POLICE, ACHANPUDUR POLICE STATION, ACHANPUDUR POST, SHENKOTTAI TALUK, TIRUNELVELI DISTRICT.
5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN W.P(MD)No. 6840 of 2012 Date :13/09/2022 RK/SVR/SAR-1 (21/09/2022) 3P/6C 3/3