← Library
Madras High CourtWP(MD)/1492/2013dismissed as infructuous

S.Narayanan, v. The District Collector,

2021-08-12Honourable Mr Justice R. Suresh Kumar3 pages

V BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2021

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR and M.P(MD).Nos. 1 and 2 of 2013 (Through Video Conference) S.Narayanan .. Petitioner Vs.

1.The District Collector, Collector Office, Sivagangai District, Sivagangai.

2.The Senior Regional Manager, Anna Nagar, Madurai.

3.The District Manager, Thondi Road, Sivagangai -630 561.

..Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 3rd respondent dated 22.01.2013 in Na.Ka.No.R/1878/2012 and quash the same and consequently direct the 3rd respondent to relocate Shop No.7661 to some other suitable place, within the limits of Vetryuor Panchayat, Karaikudi.

For Petitioner : Mr.G.Mohankumar For 1st Respondents : Mr.D.Ghandiraj Government Advocate For R2 & R3 : No Appearance

ORDER

Prayer sought for herein is for a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 3rd respondent dated 22.01.2013 in Na.Ka.No.R/1878/2012 and quash the same and consequently direct the 3rd respondent to relocate Shop No.7661 to some other suitable place, within the limits of Vetryuor Panchayat, Karaikudi.

2.The petitioner has challenged the order passed by the third respondent dated 22.01.2013, whereby the TASMAC Shop No.7661 was 1/3

directed to be relocated at Door No.302-1A, Devapattu Mangapunjai, Kalaiyarkovil-Karaikudi Road, Kallal, Karaikudi Taluk. During the pendency of this writ petition, for all these years, since there is no interim order, the shop had already been located in the aforesaid address and has been functioning for some time. Whether still the shop is functioning in the said address or not, is not able to be ascertained, because it seems that long time, no instructions seems to have been given by the petitioner to the learned counsel for the petitioner.

3.As the very challenge itself is against to locate the shop in the particular address, which had happened eight years before, therefore, this Court feel that nothing would be survived as of now insofar as the said impugned order is concerned. Therefore, recording the aforesaid, this Court feel that this writ petition can be dismissed as infructuous.

4.In that view of the matter, this writ petition is dismissed as infructuous. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL 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.

To 1.The District Collector, Collector Office, Sivagangai District, Sivagangai.

2.The Senior Regional Manager, Anna Nagar, Madurai.

2/3

3.The District Manager, Thondi Road, Sivagangai -630 561.

+1 CC to M/s.GP ( SR-26242[F] dated 13/08/2021 ) +1 CC to M/s.H.ARUMUGAM, Advocate ( SR-26347[F] dated 16/08/2021 ) W.P.(MD) No.1492 of 2013 12.08.2021 RK (31.08.2021) 3P 6C 3/3