S. Abdul Gafoor v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.06.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and WMP.No.4693 of 2018 S.Abdul Gafoor ... Petitioner Vs.

1. The District Collector, Nagapattinam District, District Collectorate, Public Office Road, Nagapattinam.

2. The Revenue Divisional Officer, Nagapattinam District.

3. The Tahsildar, Nagapattinam, Nagapattinam District.

4. The Village Administrative Officer, No.58, Pallaiyur Village, Nagapattinam Taluk and District.

5. M.Mohamed Bathusha (5th Respondent is impleaded vide order dated 14.06.2022 in WMP.No.4693 of 2018) ... Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to consider the representation dated 13.12.2017 in granting the Sagupadi Adangal in favour of the petitioner in S.Nos.77(1A), 77(1C), 78(1), 78(3). 79(1), 79(3) of Pallaiyur Village, Nagapattinam Taluk and consequently, directing the first respondent to initiate action against the 3rd respondent for non-granting of Adangal by acting in a malafide manner. For Petitioner : Mr.M.R.Kuyilan For Respondents : Mr.Yogesh Kannadasan RR1 to 4 Special Government Pleader Mr.Govind Chandrasekar R5

O R D E R

''M.Mohamed Bathusha'' is impleaded as 5th respondent in this writ petition vide order dated 14.06.2022 in WMP.No.4693 of 2018.

2. The Writ Petition has been filed seeking direction to the first respondent to consider the representation dated 13.12.2017 in granting the Sagupadi Adangal in favour of the petitioner in S.Nos.77(1A), 77(1C), 78(1), 78(3). 79(1), 79(3) of Pallaiyur Village, Nagapattinam Taluk and consequently, directing the first respondent to initiate action against the 3rd

respondent for non-granting of Adangal by acting in a malafide manner.

3. The learned Special Government Pleader submitted that the relief sought for by the petitioner has already granted by the authorities and this petition has become infructuous and hence, nothing survives for adjudication in this case.

4. The learned counsel for the petitioner is also accepted the submission of the learned Government Counsel.

5. Recording the above submissions made by the learned counsel on either side, the writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. 14.06.2022 (2/2) Internet;Yes/No Index:yes/No Speaking order/Non-speaking order rli

M.DHANDAPANI,J.

rli To

1. The District Collector, Nagapattinam District, District Collectorate, Public Office Road, Nagapattinam.

2. The Revenue Divisional Officer, Nagapattinam District.

3. The Tahsildar, Nagapattinam, Nagapattinam District.

4. The Village Administrative Officer, No.58, Pallaiyur Village, Nagapattinam Taluk and District.

14.06.2022 (2/2)

W.P. NO.928 OF 2018 M.DHANDAPANI, J.

This matter is listed today under the caption "For Being Mentioned" at the instance of the learned Addl. Government Pleader.

2. It is brought to the notice of this Court by the learned Addl. Government Pleader that vide order dated 14.6.2022, this Court had dismissed the above writ petition as infructuous by recording in para-3 of the said order that it was so submitted by the learned Special Government Pleader, but in fact, such a representation was made only by the learned counsel for the petitioner. Accordingly, he prays that the order dated 14.6.2022 may be corrected accordingly and a fresh order copy be issued.

3. Learned counsel appearing for the petitioner fairly accepted the said submission and stated that the said order may be modified accordingly.

4. In the light of the aforesaid submission made by the learned counsel on either side, para-3 4 and 5 of the order shall stand modified and in its place the following paragraphs be substituted :- "3. The learned counsel appearing for the petitioner submitted that during the pendency of this writ petition, the prayer sought for in this writ petition has become infructuous.

4. Recording the above submissions made by the learned counsel for the petitioner, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed."

5. Registry is directed to carry out the necessary correction in the order dated 14.06.2022 and issue fresh order copy to the parties. 04.08.2022 psa/GLN

M.DHANDAPANI, J.

Psa/GLN W.P. NO.928 OF 2018 04.08.2022