P.Thiyagarajan v. The Additional Chief Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2023

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN P.Thiyagarajan ... Petitioner -vs1.The Additional Chief Secretary Revenue and Disaster Management Fort St.George, Chennai 2.The District Collector Karur District, Karur ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent to forward the proposal for realignment of field-bothies passes through the property in S.F.Nos.247, 248, 113 to 116, 148 to 152 and 146, at Thirumanilaiyur Village, Karur District, to the first respondent with respect to the ongoing construction of Karur New Bus Stand and consequently to direct the first respondent to consider the same for approval in accordance with law within the time frame fixed by this Court, based on the petitioner's representation dated 10.08.2023.

For Petitioner :

Mr.K.Hema Karthikeyan For Respondents :

Mr.Veera Kathiravan Additional Advocate General assisted by Mr.P.Thilakkumar Government Pleader

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.K.Hema Karthikeyan, learned counsel appearing for the petitioner and Mr.Veera Kathiravan, learned Additional Advocate General appearing for the respondents.

2. Learned counsel for the petitioner submits that as per the orders passed by the National Green Tribunal, the respondents are duty bound to take a decision for realignment of field-bothies passing through various survey numbers at Thirumanilaiyur Village, Karur District.

3. Learned Additional Advocate General appearing for the respondents submits that there are various writ petitions pending before this Court, even after the orders passed by the National Green Tribunal, wherein interim orders are passed. As against the costs imposed by the National

Green Tribunal, a writ petition is filed by the Municipality, wherein interim stay has been granted to the payment of costs. Another writ petition is filed restraining the respondents from constructing bus stand at the particular place, wherein the interim relief granted is still operating. There are other writ petitions pending before this Court on the same issue.

4. In the light of the aforesaid factual matrix, it would not be possible to pass orders in the present matter.

5. The State shall endeavour to take steps for clubbing of the matters.

6. The writ petition is accordingly disposed of. No costs. [S.V.G., .C.J.] [C.K., J.] 01.09.2023 NCC :

Yes / No Index :

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Yes / No krk

To:

1.The Additional Chief Secretary, Revenue and Disaster Management, Fort St.George, Chennai.

2.The District Collector, Karur District, Karur.

THE HONOURABLE CHIEF JUSTICE and C.KUMARAPPAN , J.

krk 01.09.2023