Madras High CourtWA(MD)/366/2011dismissed as infructuous

M.Ramadoss v. The Commissioner,

2021-01-21Honourable Mrs Justice Pushpa Sathyanarayana,Honourable Mrs Justice S.Kannammal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE S.KANNAMMAL and M.P(MD)No.1 of 2013 in WP(MD)No.11853 of 2010 M.Ramadoss :Appellant/Petitioner .vs.

1.The Commissioner, Madurai Municipal Corporation, Madurai District.

2.M.Radhakrishnan @ Krishnan(died) 3.Chellam (R2 impleaded as party respondent vide order of this Court made in M.P(MD)No.3 of 2011 in W.A(MD)No.366 of 2011, dated 8.4.2011) (R3 impleaded as party respondent vide order of this Court made in C.M.P(MD)No.8046 of 2017 in W.A(MD)No.366 of 2011, dated 30.1.2018) : Respondents/Respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent praying this Court to set aside the order passed by this Court in W.P(MD)No.11853 of 2010, dated 27.09.2010.

Prayer in WP(MD). 11853/ 2010 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus or any other writ or direction or order in the nature of a writ directing the Respondent corporation to allot a shop to the Petitioner in the new Central Market at Mattuthavani, Madurai in lieu of vacating the Petitioner s shop No.90 in Central Market, Madurai.

1/3

For Appellant :Mr.G.Prabhu Rajadurai For Respondent-1 :Mr.R.Murali For Respondent-2 :Died For Respondent-3 :No appearance

JUDGMENT

[Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.] This Writ Appeal is directed against the order passed by this Court in W.P(MD)No.11853 of 2010, dated 27.09.2010. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.When the matter is taken up for hearing today, the learned counsel appearing for the appellant submitted that the matter has become infrucutuous and hence nothing surives for adjudication in this Writ Appeal.

3.In view of the above said submission, this Writ Appeal is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is dismissed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

2/3

+1 CC to Mr.R.MURALI, Advocate ( SR-1888[F] dated 22/01/2021 ) +1 CC to Mr.G.PRABHU RAJADURAI, Advocate ( SR-1898[F] dated 22/01/2021 ) JUDGMENT MADE IN and M.P(MD)No.1 of 2013 in WP(MD)No.11853 of 2010 21.01.2021 KM (01.02.2021) 3P 3C 3/3