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Madras High CourtWP/11529/2015dismissed as infructuous

P.Subramaniam, Near v. The District Collector

2016-03-17Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2016 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.11529 of 2015 and MP.No.1 of 2015 P.Subramaniam ... Petitioner Vs.

The District Collector, Namakkal District, Namakkal.

2.The Revenue Divisional Officer, Thiruchengode Taluk, Namakkal District.

3.The Tahsildar Paramathi Velur Taluk, Paramthi Velur, Namakkal District.

4.The Regional Joint Director, Veterinary and Animal Husbandry Department, Namakkal, Namakkal District.

5.The Assistant Director Veterinary and Animal Husbandry Department Tiruchengode, Namakkal District.

... Respondents Writ petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of certiorarified mandamus to call for the entire records pertains to the impugned order of the 4th respondent in Na.Ka.No.2786/E/2014 dated 20.03.2015, quash the same and consequently direct the respondents to consider and pass appropriate orders afresh upon the petitioner's representation dated 11.03.2015, in accordance with law after affording personal hearing to the petitioner and also the village people, by taking note all his objections including the objections sent by the various village people in connection with the construction of permanent building for Veterinary Hospital and Department in the lands in S.No.34B/2 about an extent of 0.28.5Ares in Kothamangalam Village, Namakkal District within a time frame that may be fixed by this Court.

For Petitioner : Mr.J.Ramakrishnan For Respondents : Mr.P.Rajalakshmi, GA.

O R D E R

With the consent of both sides, the Writ Petition is taken up for final disposal.

2.The petitioner has come forward with the present Writ Petition seeking for issuance of certiorarified mandamus to call for the entire records pertaining to the impugned order of the 4th respondent in Na.Ka.No.2786/E/2014 dated 20.03.2015 and to quash the same and consequently direct the respondents to consider and pass appropriate orders afresh upon the petitioner's representation dated 11.03.2015, in accordance with law, after affording personal hearing to the petitioner and as well as to the village people, by taking note all his objections including the objections sent by the various village people in connection with the construction of permanent building for Veterinary Hospital and Department in the lands in S.No.34B/2 about an extent of 0.28.5Ares in Kothamangalam Village, Namakkal District.

3.Today, when the matter is taken up for consideration, the respondents filed a detailed counter stating that already Construction of Veterinary Dispensary has been completed in S.No.34B/2 and the same was opened on 27.02.2016 by the Hon'ble The Chief Minister and now the dispensary is functioning. 4.In view of the submission made by the learned Government Advocate based on the statement made in the counter affidavit, this Court, is of the opinion the prayer made in the writ petition itself has become infructuous.

5.Hence, the writ petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar

To The District Collector, Namakkal District, Namakkal.

2.The Revenue Divisional Officer, Thiruchengode Taluk, Namakkal District.

3.The Tahsildar Paramathi Velur Taluk, Paramthi Velur, Namakkal District.

4.The Regional Joint Director, Veterinary and Animal Husbandry Department, Namakkal, Namakkal District.

5.The Assistant Director Veterinary and Animal Husbandry Department Tiruchengode, Namakkal District.

+1 cc to Government Pleader sr.17396 +1 cc to Mr.J.Ramakrishnan Advocate sr.17199 W.P.No.11529 of 2015 aa07/04/2016