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Madras High CourtWP/8315/2021dismissed for default

M.Selvadurai v. The District Collector

2021-09-22Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.8315 of 2021 M.Selvadurai ...

Petitioner Vs 1 The District Collector Chennai District 2 The Commissioner Ripon Building, Chennai 3 3 The Executive Engineer Zone V Corporation of Chennai Basin Bridge, Chennai 21 4 The Assistant Engineer Zone V Corporation of Chennai Basin Bridge, Chennai 21 5 The Junior Engineer Zone V Divn.No. 54 Basin Bridge Chennai 21 6 The Assistant Engineer Tamilnadu Electricity Board No.23 No.23, Malayappan Street Sowcarpet Kondithope Chennai 79 7 Aavin Arul Velan ...

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 5 to take necessary action against the 7th respondent to recover the subject property situated at No.5 G.T. Washermen Lane Street Kondithope Chennai 79 comprised in R.S.No. 3971 Re-Survey No.7570 (Collectors Certificate No.A6180)

to an extent of 1845 sq.ft (as per Patta) for restoring he actual purpose of public latrine for the public at large in the area of Kondithope Chennai on the basis of the petitioners representations dated 19.9.2020 and 28.1.2021. For the Petitioner : No appearance For the Respondents : Mr.P.Muthukumar, State Government Pleader, for the first respondent Ms.Karthikaa Ashok, Senior Standing Counsel for Chennai Corporation

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner may have lost interest as the petitioner has not been represented on any occasion over the last four times that the matter has been taken up.

2. It is now possible in this court to physically attend the court in the event there is any difficulty faced on the virtual mode. The matter had last been adjourned on July 28, 2021 by way of abundant caution, despite the petitioner's absence, since it was apprehended that the petitioner may not have had access on the virtual mode. The relevant order also recorded that the petition could be dismissed if the petitioner was not represented when the matter was next taken up.

3. W.P.No.8315 of 2021is dismissed for default. There will be no order as to costs.

4. The counter-affidavit filed by the third respondent is kept on record.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar tar To:

1 The District Collector, Chennai District 2 The Commissioner

3 The Executive Engineer Zone V Corporation of Chennai 4 The Assistant Engineer Zone V Corporation of Chennai 5 The Junior Engineer Zone V Divn.No. 54 6 The Assistant Engineer, TNEB, No.23, Malayappan Street Sowcarpet Kondithope Chennai 79 +2CCs to M/s.R.Suresh, Advocate, SR.No.48472 +1CC to M/s.Karthikaa, Advocate, SR.No.48926 +1CC to The Government Pleader, SR.No.49089 W.P.No.8315 of 2021 MG(CO) B.VC (28/09/2021)