Mamalai @ Easwaran v. The Special Commissioner And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2019

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.41538 of 2005 and W.P.M.P.No.43305 of 2005 Mamalai @ Eswaran ..Petitioner Vs

1. The Special Commissioner and Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 5.

2. The District Revenue Officer, Madurai District Collectorate, Madurai - 20.

3. Rajalakshmi .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking issuance of a writ of certiorari, to call for the records and order dated 27.5.2003 in Na.Ka.No.F2/33487/2002 on the file of the 1st respondent herein and quash the same.

For Petitioner : Mr.J.Antony Jesus For Respondents : Mr.I.Sathish Additional Government Pleader for R1 & R2 Mr.S.Kadarkarai for R3

O R D E R

Heard Mr.J.Antony Jesus, learned counsel for the petitioner, Mr.I.Sathish, learned Additional Government Pleader for the respondents 1 and 2, Mr.S.Kadarkarai, learned counsel for the third respondent and perused the materials available on record.

2. This writ petition has been filed for issuance of writ of certiorari, to quash the order of the first respondent dated 27.5.2003 passed in Na.Ka.No.F2/33487/2002.

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3. It is submitted by the learned Additional Government Pleader appearing for the respondents 1 and 2 and the learned counsel for the third respondent that the impugned order has already been challenged by the third respondent in W.P.No.17178 of 2003 and the same was quashed by this Court on 07.09.2018. It is further submitted that the petitioner and the third respondent have died during the pendency of the writ petition. 4.The learned counsel for the petitioner would state that though, the writ petitioner was made as fourth respondent in W.P.No.17178 of 2003, no notice was served on him and the petitioner has to challenge the said impugned order in that writ petition.

5. In the light of the above submissions made by the learned counsel on either side, nothing survives for consideration in this writ petition. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ms To

1. The Special Commissioner and Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 5.

2. The District Revenue Officer, Madurai District Collectorate, Madurai - 20.

+1 cc to Mr.J.Antony Jesus, Advocate, S.R.No.63440 +1 cc to the Government Pleader, S.R.No.63368 W.P.No.41538 of 2005 and W.P.M.P.No.43305 of 2005 BS(CO) SSM(03/09/2019).

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