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Madras High CourtWP/12150/2018disposed of

V.Nachimuthu, v. The District Collector,

2023-08-04Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and WMP No.14167 of 2018 V.Nachimuthu ... Petitioner -vs1. The District Collector, Erode District.

2. The District Revenue Officer, Erode District.

3. The Tahsildar, Erode Taluk, Erode District.

4. The Superintending Engineer, Erode Circle, Erode, No.2, CMSJ Nagar, Kaniravuthar Kulam, Near Kannan Petrol Bunk, Veerappam Chatram Post, Erode, Erode 638 002.

5. The Commissioner, Erode Corporation, Erode.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents from

continuing to execute the overhead tank at Old Survey No.115/2B, Surampatti Village, Erode Taluk, which is forming part of the Rehabilitation scheme in C.No.16329/G3.

For the Petitioner :

Mr.K.Sakthivel For the Respondents :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mrs.R.Anitha, Special Government Pleader, for respondents 1 to 3 :

No appearance for R-4 :

Mr.Rajamathivanan for R-5 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.K.Sakthivel, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader, for respondents 1 to 3 and Mr.Rajamathivanan, learned counsel for respondent No.5

2. The learned counsel for the respondent No.5/Corporation submits that the overhead tank is already constructed in the year 2021.

In light of that, the relief claimed now does not subsist. The writ petition is disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. (S.V.G., CJ.) (P.D.A., J.) 04.08.2023 Index : Yes/No : Yes/No sra To

1. The District Collector, Erode District.

2. The District Revenue Officer, Erode District.

3. The Tahsildar, Erode Taluk, Erode District.

4. The Superintending Engineer, Erode Circle, Erode, No.2, CMSJ Nagar, Kaniravuthar Kulam, Near Kannan Petrol Bunk, Veerappam Chatram Post, Erode, Erode 638 002.

5. The Commissioner, Erode Corporation, Erode.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra) 04.08.2023