M.Deena @Jailabteen v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.03.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.8035 of 2023 and W.M.P.No.8286 of 2023 M.Deena @ Jailabteen ..
Petitioner Vs.
1. The District Collector Erode District Erode.
2. The Assistant Director Town and Country Planning O/o Town and Country Planning Opp.to Government ITI Chennimalai Road Erode - 638 009.
3. The Revenue Divisional Officer Erode.
4.The Sub Registrar Perundurai Erode District.
5.Shri Kandhan Housing and Properties (Gangaveli Project), Gangapuram Village, Opposite to Tex Valley Erode Taluk, Erode District.
..
Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the 3rd respondent to conduct enquiry on its summons dated 22.12.2022 and 20.01.2023 and pass orders and consequently direct the 2nd respondent not to give any planning permission in respect of Survey No.268, 268/7B, 268/7C, 268/5, 268/8A, 268/8B, Gangapuram Village in favour of the 5th respondent during pending investigation of 3rd respondent and time limit may be fixed by this Hon'ble Court.
For the Petitioner : Mr.G.Pavendhan For the Respondents : Mr.P.Muthukumar State Government Pleader - for Respondents 1 to 4
ORDER
(Made by the Hon'ble Acting Chief Justice) Mr.M.Deena @ Jailabteen has filed this writ petition praying for issuance of a writ of Mandamus directing the 3rd respondent to conduct enquiry on its summons dated 22.12.2022 and 20.01.2023 and pass orders and consequently direct the 2nd respondent not to give any planning permission in respect of Survey No.268, 268/7B, 268/7C,
268/5, 268/8A, 268/8B, Gangapuram Village in favour of the 5th respondent during pending investigation of 3rd respondent.
2. When the matter was taken up today, Mr.P.Muthukumar, learned State Government Pleader appearing for the official respondents submitted that this writ petition has become infructuous since the petitioner's representation, having been considered by the Revenue Divisional Officer passed a detailed order and the said order also has been placed before us.
3. In view of the above submission, this writ petition is dismissed as infructuous as the request of the petitioner has already been considered and a detailed order has been passed by the 3rd respondent. There will be no order as to costs. Consequently, connected miscellaneous petition is closed.
(T.R., ACJ.) (D.B.C., J.) 16.03.2023 Index : Yes/No : Yes/No kst
To
1. The District Collector Erode District Erode.
2. The Assistant Director Town and Country Planning O/o Town and Country Planning Opp.to Government ITI Chennimalai Road Erode - 638 009.
3. The Revenue Divisional Officer Erode.
4.The Sub Registrar Perundurai Erode District.
T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J (kst) 16.03.2023