R.Thooyamani v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.10198 of 2021 & WMP.No.10822 of 2021 R.Thooyamani President of Alagumalai Panchayat, Tiruppur South Taluk, Tiruppur District.

... Petitioner Vs.

1. The Collector, Tiruppur District, Tiruppur.

2. The Block Development Officer, Pongalur Union, Tiruppur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of Mandamus forbearing the respondents from construction a Fair Price Shop in S.No.421 of Chettipalayam Village to an extent of 350 sq.ft. without due process of law. For Petitioner : Mr.S.Doraisamy For Respondents : Mr.V.Manoharan, Additional Government Pleader

O R D E R

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This writ petition has been filed to forbear the respondents from constructing a Fair Price Shop in S.No.421 of Chettipalayam Village to an extent of 350 sq.ft. without due process of law.

2. When the matter is taken up today, the learned Additional Government Pleader appearing for the respondents, on instructions, submitted that Fair Prise Shop has already been constructed to an extent of 267 sq.ft. out of an extent of 2.16.5 ares comprised in Survey No.421 of Chettipalayam Village, which is classified as Vandipathai Proramboke. Therefore, submitted that the prayer in the Writ Petition has become infructuous.

3. In view of the submissions of the learned Additional Government Pleader appearing for the respondents, this Writ Petition is dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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Index: Yes/No Speaking/Non-speaking order vrc To

1. The Collector, Tiruppur District, Tiruppur.

2. The Block Development Officer, Pongalur Union, Tiruppur District.

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G.K.ILANTHIRAIYAN, J.

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