Mani v. The District Judicial

INTHE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No. 29459 of 2015 Mani

...Petitioner

.Vs.

1.The District Judicial Magistrate cum District Collector, Namakkal District, Namakkal.

2.M.S.Subbarayan ..Respondents [R2 is impleaded as per order dated 31.08.2016, in WMP No.2476 of 2016 in W.P.No.29459/2015]. PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the respondent under Sect.142 of Criminal Procedure Code in Form No.22 dated 09.09.2015, and quash the same. For Petitioner : Mr.R.Marudhachalamurthy For R 2 : Ms.G.Devi

ORDER

This writ petition has been filed challenging the impugned order passed by the respondent under Section 142 of Cr.P.C.

2. When the matter came up for admission, this Court passed the following interim order:

"2. The petitioner herein is challenging the order dated 09.09.2015 passed by the District Judicial Magistrate cum District Collector, Namakkal District, Namakkal, under Section 142 of the Code of Criminal Procedure. Shorn of unnecessary facts, it is seen that there is ghost Well in survey No.289/3, in which one Mani, Sasikumar, Chinna Gounder, Vella Gounder, Ponnammal and Sathasivam seem to be having some rights. On account of dispute between Mani, Chinna Goundere and Sathasivam on the one side and Sasikumar and Ponnammal on the other side, the said Well has https://hcservices.ecourts.gov.in/hcservices/

been left without any proper security around. It is seen that the Revenue Divisional cum Executive Magistrate, Trichengode had passed an order as early as on 04.09.2013 directing the pattadars viz., the aforesaid five persons, to take steps to put a compount wall around the Well, which has not been complied with till date.

In a Public Interest Litigation in W.P.No.24830 of 2015, the Hon'ble First Bench of this Court has also directed the Revenue aurthorities to take appropriate steps for removal of nuisance in accordance with law".

3. Pursuant to the above order, a compound wall has already been constructed around the Well, and as on today the Well is protected and there is no scope for any nuisance caused to any of the persons residing in the locality. In view of the interim order passed by this Court, and the subsequent development that has taken place, the impugned order passed by the respondent has become infructuous.

4. The impugned order passed by the respondent is hereby set aside, in view of the subsequent development that has been recorded herein above. Accordingly, this writ petition is allowed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar KP To 1.The District Judicial Magistrate cum District Collector, Namakkal District, Namakkal.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Marudhachalamurthy, Advocate, S.R.No.4595 W.P.No.29459 of 2015 rrs 08/02/2019 https://hcservices.ecourts.gov.in/hcservices/