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Madras High CourtWP(MD)/14908/2011dismissed for default

Mr. S. Murugananthan, v. The District Collector,

2019-11-27Honourable Mr Justice M. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.(MD)No.14908 of 2011 and M.P.(MD)No.1 of 2011 S.Muruganathan ... Petitioner Vs.

1.The District Collector, Court Road,Thanjavur.

2.M.Mohamed Issac 3.M.Mohamed Yusuf 4.The Executive Authority, Pasupathikoil Village Panchayat, Papanasam Taluk, Thanjavur District.

5.The Executive Authority, Mathur East Village Panchayat, Mathur Village,Thanjavur Taluk, Thanjavur District.

6.The Block Development Officer, Papanasam,Thanjavur District.

7.The Block Development Officer, Papanasam,Thanjavur District.

8.The Assistant Director, Thanjavur.

9.The Driector, Town and Country Planning, 5th Floor, Ezhizhaham, Chepauk, Chennai.

10.The Divisional Engineer, (Highways and Rural Works), State Highways Department, Thanjavur.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents 1, 8 and 9 to take action to restore the agricultural lands comprised in R.S.Nos.329/16, 326/Part and 330 in 1/3

Mathur Village, Thanjavur Taluk and the lands comprised in R.S.Nos.536/1, 536/3 and 538/1 in Pasupathikoil Village, Papanasam Taluk to its original state and to cancel the unlawful sanction given by the respondents 4 and 5 to convert the above lands into house sites.

For Petitioner : No Appearance For Respondents : Mr.K.MU.Muthu Additional Government Pleader for R.1, R.6 to R.10 : Mr.E.T.Rajendran for R.2 and R.3 : No Appearance for R.4 and R.5

ORDER

Read this in conjunction with and in continuation of earlier proceedings of this Court dated 26.11.2019 which reads as follows: ' Read this in conjunction with and in continuation of earlier proceedings of this Court dated 22.11.2019, which reads as follows:

'Mr.A.Senthilkumar, learned Counsel before this Court submitted that the Counsel on record for writ petitioner has since returned the papers to the writ petitioner together with endorsement for change of vakalat. This is recorded.

Registry to verify if any new Counsel has entered appearance and if so, the name of the new Counsel for writ petitioner shall be shown in next listing. It that is not so, the name of writ petitioner together with address as in the cause title of the writ petition shall be shown in the next listing.'

2. Perusal of the aforesaid proceedings, name of the writ petitioner together with his full / complete address as in the cause list is shown in the cause list today. (To be noted, this Court is informed that no new Counsel has entered appearance on behalf of writ petitioner). Name of the writ petitioner called aloud thrice in the Court and in the adjoining corridors. No response.

3. Mr.K.MU.Muthu, learned Additional Government Pleader on behalf of first respondent and Mr.E.T.Rajendran, learned Counsel on behalf of respondents 2 and 3 (private respondents) are before this Court. 2/3

4. List this matter under the caption 'FOR DISMISSAL' on 27.11.2019.'

2. Pursuant to aforesaid earlier proceedings, instant writ petition is listed under the caption 'FOR DISMISSAL' today. More importantly name of the writ petitioner together with full / complete address as in the cause title of writ petition is shown in the cause list. Name of the writ petitioner was called aloud thrice in the Court and in the adjoining corridors. No response.

3. Mr.K.MU.Muthu, learned Additional Government Pleader on behalf of first respondent and Mr.E.T.Rajendran, learned Counsel for respondents 2 and 3 (private respondents) are before this Court.

4. In the light of the narrative thus far, instant writ petition is dismissed for default / non-prosecution. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar (w) // True Copy // Sub Assistant Registrar(CS) SSL To 1.The District Collector, Court Road, Thanjavur.6.The Block Development Officer, Papanasam,Thanjavur District.

2.The Block Development Officer,Papanasam, Thanjavur District.

3.The Block Development Officer, Papanasam,Thanjavur District.

4.The Assistant Director,Thanjavur.

5.The Driector, Town and Country Planning, 5th Floor, Ezhizhaham,Chepauk, Chennai.

6.The Divisional Engineer, (Highways and Rural Works), State Highways Department, Thanjavur.

+1 CC to M/s.E.T. RAJENDRAN, Advocate ( SR-102156[F] dated28/11/2019 +1 CC to M/s.SPL GP ( SR-102370[F] dated 28/11/2019 ) W.P.(MD)No.14908 of 2011 27.11.2019 SMA/13/12/19/3P/9C 3/3