A.Marie Lourdu Raj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.03.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY A.Marie Lourdu Raj .. Petitioner Vs 1.The District Collector, Karaikal District, Karaikal-609 602.
2.The Thasildar, Karaikal Taluk, Karaikal-609 602.
3.The Karaikal Planning Authority, Karaikal District, Karaikal-609 602.
4.The Commissioner, Karaikal Municipality, Karaikal-609 602.
5.Sri Poiyathamoorthy Vinayagar Kovil, rep. by its President of Trustee Board Kesavan, No.104, Church Street, Karaikal-609 602.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 4 to take necessary action against the representation dated 23.12.2021 and prevent the fifth respondent from putting up illegal constructions of canopy (mandapam) in Town Survey No.139 Pt, Resurvey No.77/1Pt, Ward F, Block 29 in Church Street. For the Petitioner : Ms.S.Pavithra for Mr.R.Lokeshwaran For the Respondents : Mr.R.Sankaranarayanan ASGI (South Zone) assisted by Mr.S.Ravikumar Govt. Advocate (Puducherry) for respondent No.1 : Mr.R.Sankaranarayanan ASGI (South Zone) assisted by Mr.Ramaswamy Meyyappan Govt. Advocate (Puducherry) for respondent Nos.2 and 3 : Mr.Thirugnanam for respondent No.4 : Mr.G.Karthikeyan Senior Counsel for Mr.K.Suresh Kumar
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) Marie Lourdu Raj, son of Arputha Raj, a resident of No.48, Kamarajar Salai, Karaikal, has filed this writ petition for issuance of a writ of mandamus directing respondents 1 to 4 to take action against the representation of the petitioner dated 23.12.2021 and to prevent the fifth respondent from putting up illegal construction of Mandapam (Canopy) in Town Survey No.139 Pt, Resurvey No.77/1Pt, Ward-F, Block 29 in Church Street, Karaikal.
2. Today when the writ petition is taken up for hearing, by producing a copy of the Minutes of the Peace Committee meeting held on 27.06.2022, Mr.R.Sankaranarayanan, learned Additional Solicitor-General of India (SZ), assisted by Mr.S.Ravikumar and Mr.Ramaswamy Meyyappan, learned Government Advocates (Puducherry) appearing for respondents 1 to 3, submitted that the parties have amicably resolved the issue by holding a Peace Committee meeting, chaired by Thiru.K.Uthirapathy, a retired District and Sessions Judge, Karaikal on 27.6.2022 and in the light
of the decision of the Peace Committee, the writ petition has become infructuous and, accordingly, the writ petition may be dismissed.
3. Ms.S.Pavithra, learned counsel for the petitioner submitted that the writ petition may be dismissed as infructuous, as the parties have resolved the issue through Peace Committee meeting.
4. At this juncture, drawing our attention to paragraph 9 of the order dated 18.3.2022 passed by this Court, Mr.Thirugnanam, learned counsel appearing for the fourth respondent, submitted that the direction to the effect that the fourth respondent would not draw the salary till the unauthorised construction is removed may be revoked.
5. Since the parties have resolved the issue amicably through the Peace Committee meeting held on 27.6.2022, the prayer made in the writ petition has become infructuous. Accordingly, the writ petition is dismissed. The direction of this Court dated 18.3.2022
that the fourth respondent shall not draw the salary till the unauthorized construction is removed stands revoked. There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.) 27.03.2023 Index :
No No bbr To:
1.The District Collector, Karaikal District, Karaikal-609 602.
2.The Thasildar, Karaikal Taluk, Karaikal-609 602.
3.The Karaikal Planning Authority, Karaikal District, Karaikal-609 602.
4.The Commissioner, Karaikal Municipality, Karaikal-609 602.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
bbr 27.03.2023