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2020 DIGILAW 1852 (MAD)

D. Muthuraja v. District Collector, Sivagangai District, Sivagangai

2020-10-06

ABDUL QUDDHOSE

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JUDGMENT : (Prayer: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the 1st and 2nd respondents to permit the petitioner's association to remove the Seemai Karuvelam Trees occupied to the extent of 100 meters from the bunds of Kanoor Kanmai situated at Kanoor Village, Thiruppuvanam Taluk, Sivagangai District to enable the PWD authorities to carry out Kudimaramathu work under IAMWARM Scheme, by 1/6 W.P(MD).No.13768 of 2020 considering the petitioner's representation dated 21.09.2020.) 1. This Writ petition has been filed for a Mandamus to direct the first and second respondents to permit the petitioner association to remove the Seemai Karuvelam Trees, occupied to the extent of 100 meters from the bunds of Kanoor Kanmai situated at Kanoor Village, Thiruppuvanam Taluk, Sivagangai District to enable the PWD authorities to carry out Kudimaramathu work under IAMWARM Scheme, by considering the petitioner's representation dated 21.09.2020. 2. The petitioner claims to be the President of Kanoor Kanmai Ayacutdhar Association, belonging to five Village Panchayats, Kanoor, Thiruppuvanam Taluk, Sivagangai District. According to the petitioner, his association was registered under the Societies Registration Act, 1975, in Registration No.4 of 2018. According to the petitioner, all the Ayacutdhars belonging to five Village panchayats are members of the petitioner association and some of them are office bearers. 3. According to the petitioner, their association has requested the first respondent to remove the Seemai Karuvelam trees upto 100 meters from the bund, in order to carry out Kudimaramathu work. According to the petitioner, the fourth respondent had inspected and prepared a valuation of the felled trees for the 100 meters area in the entire kanmai. According to the petitioner, based on the valuation report, the second respondent vide his notification dated 14.09.2020, called for tenders from eligible persons to carry out the work of removing the Seemai Karuvelam trees. According to the petitioner, the auction was scheduled to be held on 23.09.2020 at 11.00 a.m. According to the petitioner, their association made a representation dated 21.09.2020 to the first respondent, stating that if public auction was conducted, all the Karuvalem trees merchants and Mafia people will participate in the auction and destroy the object of the Kudimaramathu work. It is the case of the petitioner that till date, the representation made by the petitioner on 21.09.2020, has not been considered by the respondent. Hence, the writ petition. 4. It is the case of the petitioner that till date, the representation made by the petitioner on 21.09.2020, has not been considered by the respondent. Hence, the writ petition. 4. The learned Special Government Pleader, who has accepted notice on behalf of the respondents, on instructions, submits that the said representation dated 21.09.2020, given by the petitioner is under consideration of the respondents. 5. Recording the submissions made by the learned Special Government Pleader, this Court directs the respondents to consider the petitioner's representation dated 21.09.2020 given by the petitioner's association to permit them to remove the Seemai Karuvelam trees occupied to the extent of 100 meters from the bunds of Kanoor kanmai, situated at Kanoor Village, Thiruppuvanam Taluk, Sivagangai District, and pass final orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. If the respondents decide to reject the representation of the petitioner association, they shall do so only after giving sufficient reasons. 6. With the aforesaid directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.