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Madras High CourtWP(MD)/13868/2009dismissed for default

J.John Benitta v. The District Collector,

2019-10-30Honourable Mr Justice M. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and M.P.(MD)Nos.1 and 2 of 2009 J.John Benitta ... Petitioner Vs.

1. The District Collector, Thoothukudi.

2. The Assistant Director(Panchayat), Thoothukudi.

3. The Assistant Block Development Officer, (Village Panchayat), Alwarthirunagari Panchayat Union, Alwarthirunagari, Thoothukudi District.

4. The President, Mookuperi Panchayat, Tiruchendur Taluk, Thoothukudi District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the fourth respondent dated 25.04.2009 and the consequent proceeding on the file of the third respondent passed under the instruction of the second respondent dated14.07.2009 in Oou.Nee/4252/2009 and further direct the respondents to permit the petitioner to complete her building construction works in S.Nos.192/1A, 192/6A1, 191/6B1, 193A/2, 193A/3A1, 181/2 and 193/1A at Mookuperi Village, Thoothukudi District.

For Petitioner : Mr.M.Prakash for Mr.P.Pethu Rajesh For Respondents : Mr.Aayiram K.Selvakumar Additional Government Pleader for R.1 and R.2 : Mr.S.Raja for Mr.K.M.Vijayakumar for R.3 : R.4 and R.5 - dismissed 1/3

ORDER

Read this in conjunction with and in continuation of earlier proceedings of this Court dated 25.09.2019, which reads as follows: 'Mr.P.Pethu Rajesh, learned Counsel on behalf of writ petitioner, Mr.K.Mu.Muthu, learned Additional Government Pleader on behalf of respondents 1 and 2 and Mr.K.Mahesh Raja, learned Counsel on behalf of third respondent are before this Court.

To be noted, respondent No.4 is President of the Panchayat and therefore as of today, this Court is informed that the third respondent is competent to represent the panchayat.

In the aforesaid backdrop, Counsel for writ petitioner seeks time to get instructions about the present obtaining position and make submissions.

List on 30.10.2019.'

2. Today, Mr.M.Prakash, representing learned Counsel on record for writ petitioner submits that there are no instructions from the writ petitioner. Learned Counsel has made an endorsement in the case file, which reads as follows:

'No instruction. Memo filed.'

3. In the light of the endorsement made in the case file and reiteration of the same, instant Writ Petition is dismissed for default / non-prosecution by the writ petitioner. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are also dismissed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) To

1. The District Collector, Thoothukudi.

2. The Assistant Director(Panchayat), Thoothukudi.

2/3

3. The Assistant Block Development Officer, (Village Panchayat), Alwarthirunagari Panchayat Union, Alwarthirunagari, Thoothukudi District.

4. The President, Mookuperi Panchayat, Tiruchendur Taluk, Thoothukudi District.

+1 CC to SPL GP ( SR-95136[F] dated 31/10/2019 ) 30.10.2019 SSL MK (08.11.2019) 3P 6C 3/3