R.Elumalai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.No.22614 of 2022 R.Elumalai

...Petitioner

-Vs1.The District Collector, Villupuram District, Villupuram.

2.The Block Development Officer, Panchayat Union Office, Malmalaiyanur Taluk, 3.The Village President, Avalurpettai Village, Melmalaiyanur Taluk,

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the 2nd and 3rd respondents not to construct any commercial building in the petitioner's properties in old survey number 150/1A new survey number 150/9, 150/21, 150/22, 150/23, 150/24, to an extent of 20 cents situated at Avalurpettai Village, Melmalayanur Taluk, Villupuram 1/5

District, pursuant to the petitioner representation dated 03.08.2022 and pass such further orders.

For Petitioner :

No appearance For R1 & R2 :

M/s.C.Meera Arumugam Additional Government Pleader For R3 :

Mr.S.J.Mohamed Sathik Government Advocate

O R D E R

This writ petition has been filed directing the 2nd and 3rd respondents not to construct any commercial building on the petitioner's properties in old survey number 150/1A new survey number 150/9, 150/21, 150/22, 150/23, 150/24, to an extent of 20 cents situated at Avalurpettai Village, Melmalayanur Taluk, Villupuram District, pursuant to the petitioner's representation dated 03.08.2022.

2. When the matter was listed under the caption 'for dismissal' on 07.01.2025, the petitioner changed his counsel. The order of status quo stands vacated.

3. Even today, 04.02.2025, when the matter was listed under the 2/5

dismissal caption and taken up for hearing at 11.30 a.m., none appeared on behalf of the petitioner. It is made clear and evident that the petitioner is not interested in prosecuting the case.

4. Since there is no representation for the petitioner, this Court is left with no other option except to dismiss the petition for non-prosecution. In the result, the writ petition stands dismissed for NonProsecution. No costs. Consequently, connected miscellaneous petition is closed.

04.02.2025 cda Index : Yes/No Speaking/Non Speaking order To 1.The District Collector, Villupuram District, Villupuram.

2.The Block Development Officer, Panchayat Union Office, Malmalaiyanur Taluk, 3.The Village President, Avalurpettai Village, 3/5

Melmalaiyanur Taluk, J.SATHYA NARAYANA PRASAD, J.

cda 4/5

04.02.2025 5/5