Kandasamy v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) No.21335 of 2024 Kandasamy .. Petitioner Vs.
1.The Principal Secretary to Government, Environment, Climate Change and Forest Department, Chennai-600 009.
2.The District Forest Officer, Sivagangai District, Sivagangai.
3.The District Collector/Chairman, District Rural Development Agency, Sivagangai, Sivagangai District.
4.The Project Director, District Rural Development Agency, Sivagangai, Sivagangai District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the third respondent
to obtain No-Objection cum permission from the first and second respondents to allow the petitioner to complete the tender work under PMGSY Batch I 2023-2024 - Sivagangai District - District Rural Development Agency, Sivagangai - Package No.TN 16-225, Kalayarkovil Block for constructing the road in MRL62 Arasanipatti to Karungapatti via Vasthapatti Karungalagudi Ponnampatti Road and forbearing Respondents No.1 and 2 from obstructing the petitioner from completing the said tender work.
For Petitioner :
Mr.V.Kannan For Respondents :
Mr.J.K.Jayaseelan Government Advocate
ORDER
It is admitted by the fourth respondent in the counter affidavit that prior approval had not been obtained from the Central Government and such application had only been made on 08.10.2024. It is also admitted in the counter that the Forest Department had engaged in a wordy quarrel with the petitioner and the petitioner had also lodged a complaint against the Forest Officials with the Taluk Police Station, Sivagangai and the District Police Office, Sivagangai.
2. This would mean only that a tender had been called for without obtaining proper approval from the authorities concerned. In such a manner, considering the fact that the petitioner is a successful bidder, this Court is inclined to extend the period of completion of work under the contract on and from the date when the petitioner is intimated about the approval given by the Forest Department on the application made by the fourth respondent. The respondents shall not coerce the petitioner in any manner to take up the remaining work till such approval is taken.
3. With the above said direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
06.11.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr
To 1.The Principal Secretary to Government, Environment, Climate Change and Forest Department, Chennai-600 009.
2.The District Forest Officer, Sivagangai District, Sivagangai.
3.The District Collector/Chairman, District Rural Development Agency, Sivagangai, Sivagangai District.
4.The Project Director, District Rural Development Agency, Sivagangai, Sivagangai District.
K.KUMARESH BABU, J.
abr Dated: 06.11.2024