K.Siva v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2025

CORAM

THE HONOURABLE Mr. JUSTICE KRISHNAN RAMASAMY K.Siva

...Petitioner

vs.

1.The District Collector O/o.District Collectorate, Kanniyakumari District.

2.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), Nagercoil, Kanniyakumari District.

3.The Assistant Director, Department of Geology and Mining, Nagercoil, Kanniyakumari District.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 to 3 to issue work order in respect to the work of levelling the field by removing the existing gravel and rocks in the land of 2nd respondent situated at SF.No.443/4 Villukuri Village, Kalkulam Taluk, Kanniyakumari District, based on the representations of the petitioner dated 27.09.2025 and 22.10.2025, within a stipulated period as fixed by this Court.

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For Petitioner : Mr.S.Ramanathan For Respondents : Mr.S.Shanmugavel, Additional Government Pleader for R1 & R3

ORDER

This Writ Petition has been filed to direct the respondents 1 to 3 to issue work order for levelling the field by removing the existing gravel and rocks in the land of second respondent situated at SF.No.443/4 Villukuri Village, Kalkulam Taluk, Kanniyakumari District, based on the representations of the petitioner dated 27.09.2025 and 22.10.2025.

2. The learned counsel for the petitioner would submit that the present writ petition has been filed to issue a direction to the second respondent to issue contract in favour of the petitioner for levelling the field and removing the gravel and brick stones.

3. The learned Additional Government Pleader appearing for the respondents 1 and 3 would submit that in the present case, had there been any agreement between the petitioner and the second respondent, the application of the petitioner can be considered. Hence, he would submit that this Writ Petition is a premature one and prayed for dismissal of the same. 2/4

4. This Court is also of the same view expressed by the learned Additional Government Pleader. Unless and otherwise, a tender is called for in this regard, the question of considering the representation of the petitioner does not arise. Further, there is no jurisdiction for the respondents 1 and 3 to consider the request of the petitioner for removal of gravel from the second petitioner's cite in the absence of any contract between the petitioner and the second respondent.

5. This Writ Petition is a premature one and hence, dismissed. No costs.

09.12.2025 Speaking / Non-speaking order Index : Yes/No NCC : Yes/No mbi To 1.The District Collector O/o.District Collectorate, Kanniyakumari District.

2.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation, (Tangedco), Nagercoil, Kanniyakumari District.

3.The Assistant Director, Department of Geology and Mining, Nagercoil, Kanniyakumari District.

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KRISHNAN RAMASAMY, J.

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