2021 Supreme(Online)(MAD) 21200
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.05.2021 CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI AND THE HONOURABLE MRS.JUSTICE R.THARANI W.P(MD)No.9567 of 2021 and W.M.P(MD)No.7323 of 2021 P.Kumaresan ... Petitioner Vs.
1.The State of Tamilnadu, Through its Secretary to Government, Transport Department, Fort St. George, Chennai.
2.The Tamilnadu State Transport Corporation, Through its Managing Director, Kumbakonam. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the respondents to complete the Tender process for constructing of Additional Moffusil Bus Stand for Karur Town, as per Tender notice No:2/2021-2021, dated 29.01.2021 issued by the second respondent and as ordered by this Hon'ble Court in its order dated 18.02.2021 in W.P(MD)No.3242 of 2021 and interim order dated 15.04.2021 in W.A(MD)Nos.759 & 760 of 2021 and construct the Additional Moffusil Bus Stand within the time stipulated by this Honourable Court.
For Petitioner :Mr.V.R.Shanmuganathan for Mr.V.A.Dhana Aravindha Balaji For Respondents :Mr.Veera.Kathiravan Senior Standing Counsel for the Government Assisted by Mr.R.Baskaran, Standing Counsel
ORDER
(Order of the Court was made by V.M.VELUMANI, J.)
The petitioner has come forward with this writ petition for issuance of a Writ of Mandamus, directing the respondents to complete the Tender process for the construction of Additional Moffusil Bus Stand for Karur Town, as per Tender Notice No:2/2021-2021, dated 29.01.2021, issued by the second respondent and as ordered by the Division Bench of this Court in its order dated 18.02.2021 in W.P.(MD)No.3242 of 2021 and interim order dated 15.04.2021 in W.A.(MD)Nos.759 & 760 of 2021 and construct the Additional Moffusil Bus Stand, within a stipulated time to be fixed by this Court.
2. The petitioner is a resident of Karur Town and he filed this writ petition styled as a 'Public Interest Litigation' for the benefit of general public. According to the petitioner, the present Bus Stand in the Karur Town is in the middle of the town and was established long back and due to the increase in the population, more number of buses are operated everyday. The Tamil Nadu State Transport Corporation is operating 1127 buses per day inclusive of 1868 trips and 165 private buses are operating per day with 606 trips. The present capacity of the present Bus Stand is only for 42 buses. Due to the same, there is always huge traffic congestion inside and outside the Bus Stand. Further, some portions of the Bus Stand are in damaged condition. However, the Karur Municipality is doing only patch work. In such circumstances, the Municipality decided to establish a new Bus Stand at Sukkaliyoor village. Subsequently, the Municipality decided to establish a Bus Stand by getting donation of lands at free of cost from the owners of the land at Thirumanilaiyur Village as some individuals were ready to offer their lands for establishing a new Bus Stand at Thirumanilaiyur. Their offers were accepted and proposal was initiated and approval was granted vide G.O.(Ms)No.87, Municipal Administration and Water Supply Department, dated 20.06.2013.
3. The said Government Order was challenged in W.P(MD)No.3449 of 2017, wherein the Division Bench of this Court, vide order dated 28.02.2017, ordered for establishing a new Bus Stand as per G.O.Ms.No.87. Against which, a review application was filed by the Government and that was dismissed and the contempt petition filed by the writ petitioner therein was also closed recording the undertaking that the Bus Stand will be put up within 2 years.
4. Subsequently, the individuals, who donated the lands, withdrew their donations on the ground that new Bus Stand was not constructed as per the conditions. In the meantime, G.O.(Ms)No.65, Municipal Administration and Water Supply Department, dated 27.05.2019, was issued granting administrative sanction for constructing Bus Stand for a sum of Rs.47 Crores. Challenging the said Government Order, W.P.(MD)No.14556 of 2019 was filed by private individuals alleging violation of law relating to Minority and Guardianship. They have also filed civil suits and the litigations are pending. The Donors have also filed writ petitions for reconveyance and they have also prevented the officials from entering into their lands. Thus, construction of new Bus Stand has come to a standstill.
5. In view of various litigations, the second respondent Tamil Nadu State Transport Corporation decided to establish an additional Moffusil Bus Stand in Trichy-Karur bypass road at the outskirts of Karur town. At the request of the second respondent, the District Collector suggested certain lands in Thorankkalpatti Village for the construction of additional Moffusil Bus Stand. After seeking public opinion, the Government issued G.O.(Ms)No.61, dated 26.02.2021, for conversion of land and issued G.O.(Ms)No.15, Transport (B2) Department, dated 29.01.2021, granting permission for construction of additional moffusil Bus Stand and based on such permission and administrative sanction, the second respondent floated tender, vide Tender Notification dated 29.01.2021, and also issued