S.Francis Xavier v. 1.The Executive Engineer/Admin
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.10.2018
CORAM
THE HON'BLE MR. JUSTICE R.SURESH KUMAR W.P.Nos.37743 to 37745 of 2003 and 18467 of 2005 S.Francis Xavier ..Petitioner in W.P.No.37743 of 2003 C.Nagaraj ..Petitioner in W.P.No.37744 of 2003 L.Lakshmi ..Petitioner in W.P.No.37745 of 2003 M/s. Star Cable Net Work Sun Cable Net Work rep.by K.J.V. Vikramadhiyan, S/o. A.Kalamegam, No.16, L.I.G.Colony, Old Housing, Krishnagiri - 635 001.
..Petitioner in W.P.No.18467of 2003 Vs.
1.The Executive Engineer/Administrative Officer, Tamilnadu Housing Board, Bagalur Road, Hosur.
2.The Inspector of Police, 3.M/s Star Cable Net Work Sun Cable Net Work Rep. By K.J.V. Vikramadhiyan S/o. A.Kalamegam No.16, L.I.G.Colony, Old Housing, Krishnagiri - 635 001.
(R3 Impleaded as per the order of the Court dated 27.07.2005 in CMP No.9808 to 9810 of 2005
...Respondents in W.P.Nos.37743 to 37745 of 2003
1.The District Collector, 2.The Executive Engineer/Administrative Officer Bangalore Road, Hosur.
3.The Inspector of Police, 4.L.Lakshmi
...Respondents in W.P.No.18467 of 2003
Prayer in W.P.Nos.37743 and 37744 of 2003:- Petitions filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus forbearing the respondents from interfering with the petitioner lawful, Cable TV Network at the place of Tamilnadu Housing Board New Quarters I Phase, Kattikanapalli, Krishnagiri without due process of law . Prayer in W.P.No.37745 of 2003:- Petitions filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus forbearing the respondents from interfering with the petitioner lawful, Cable TV Network at the place of Tamilnadu Housing Board New Quarters II Phase, Kattikanapalli, Krishnagiri without due process of law .
For Petitioner : Mr.C.Prakasam For Respondents: Mr.V.Anandamoorthy for R1 : Mr.K.Ravikumar Additional Government Pleader for R2 Prayer in W.P.No.18467 of 2005:- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to implement G.O. (2D) No.399 Housing and Rural Development (V.Va5(2)) Department dated 18.11.2002 issued in favour of the petitioner and consequently, forbear the fourth respondent, her men, agents, servants, etc., or any other Cable T.V. Operator from in any manner do cable T.V. Operation in the T.N.H.B flats both residential and commercial at neighbourhood scheme, rental quarters Rayakottai road, New Housing Board, Krishnagiri within the Kattikanapalli Village, Krishnagiri.
For Petitioner : No Appearance For Respondents: Mr.K.Ravikumar Additional Government Pleader for R1 & R3 : Mr.Anandamoorthy for R2 : Mr.C.Prakasam for R4 COMMON ORDER Since the respective petitioners in these Writ Petitions have sought for issuance of Writ of Mandamus forbearing the respondents from interfering with the petitioners' cable T.V. Network business in the respondent-Housing Board Quarters some time in the year 2003 and subsequently, even according to the learned counsel for the petitioners, the petitioners have closed their business and vacated, hence the prayer sought for in these Writ Petitions have become infructuous.
2.
This position has also been endorsed by the learned counsel appearing for the respondents.
3.
In that view of the factual matrix, as nothing survives in these Writ Petitions, this Court is inclined to dismiss all these Writ Petitions.
4.
Accordingly, these Writ Petitions are dismissed. No costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To 1.The District Collector, 2.The Executive Engineer/Administrative Officer Bagalure Road, Hour.
3.The Inspector of Police, +1cc to Mr.V.Anandhamurthy, Advocate Sr.75154 +1cc to the Government Pleader Sr.75890 W.P.Nos.37743 to 37745 of 2003 and 18467 of 2005 ssv[co] srg 13/12/2018