LAWS(MAD)-2019-1-245

GOVERNMENT OF TAMIL NADU Vs. P.SARAVANAN

Decided On January 03, 2019
GOVERNMENT OF TAMIL NADU Appellant
V/S
P.SARAVANAN Respondents

JUDGEMENT

(1.) The Government of Tamil Nadu succeeded in a Marathon Litigation challenging its order in G.O.Ms.No.87, Municipal Administration and Water Supply Department, dtd. 20/6/2013, granting approval for the Karur Municipality to establish a bus stand at the place shortlisted by the Municipal Council. The common order dtd. 28/4/2014, dismissing the Writ Petitions challenging the selection of site for the bus stand, has become final. Since follow-up action was not taken, the High Court, by order dtd. 28/2/2017, in W.P.(MD)No.3449 of 2017, directed the Government and the Local Body to establish the new bus stand in pursuance of the order in G.O.Ms.No.87, Municipal Administration and Water Supply Department, dtd. 20/6/2013. The State, in association with the Karur Municipality, now seeks review of the said order by conveniently ignoring the fundamental fact that it was the very same Government which issued the order for establishing the bus stand and chose to painstakingly stick to their stand that the establishment of the bus stand is in larger public interest and the selected place is the most suitable site for the same.

(2.) (A) Earlier Litigation:

(3.) The failure on the part of the Karur Municipality to establish the bus stand, even after upholding the decision by the High Court made the respondent to file a Writ Petition for a Mandamus. The Writ Petition was disposed of with notice to the State and Local Body. According to the respondent, the State has taken a 'U Turn' now and is opposing the establishment of bus stand purely on political consideration rather than financial or public interest.