Madras High CourtWP(MD)/313/2013withdrawn dismissed

M.S.R Health And Educational v. The District Collector,

2025-02-13Honourable The Chief Justice,Honourable Mr Justice V. Lakshminarayanan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2025

CORAM:

THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and M.P.(MD)Nos.1 & 2 of 2013 & 1 of 2015 W.P.(MD)No.313 of 2013 M.S.R.Health and Educational Society, Rep. By its Secretary, Muthu Krishnan (died) Srinivasan ... Petitioner (Petitioner is substituted vide Court order dated 28.02.2024 in W.M.P.(MD)No. 2740 of 2024) -vs1.The District Collector, Madurai District, Madurai.

2.The Executive Officer, T.Kallupatti Town Panchayat, T.Kallupatti-625702, Madurai District.

3.M.Manickam ... Respondents in W.P.(MD)No.313 of 2013 (R3 is impleaded vide Court order dated 28.02.2024 in W.M.P.(MD)No.2863 of 2024)

W.P.(MD)No.2455 of 2013 M.S.R.Health and Educational Society, Rep. By its Secretary, Muthu Krishnan ... Petitioner -Vs1.The Tamil Nadu Generation and Distribution Corporation, Rep. By its Assistant Engineer, (Town Section), T.Kallupatti, Madurai-625 702.

2.The Executive Officer, T.Kallupatti Town Panchayat, T.Kallupatti-625702, Madurai District.

... Respondents in W.P.(MD)No.2455 of 2013 (R2 is impleaded vide Court order dated 04.04.2013 in M.P.(MD)No.2 of 2013) W.P.(MD)No.18699 of 2015 M.S.R.Health and Educational Society, Rep. By its Secretary, Muthu Krishnan ... Petitioner -Vs1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, Usilampatti, Madurai District.

4.The Tahsildar, Peraiyur Taluk, Madurai District.

5.M.Manickam .. Respondents in W.P.(MD)No.18699 of 2015 PRAYER in W.P.(MD)No.313 of 2013: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned order vide Na.Ka.No.82/2012, dated 06.12.2012 passed by the 2nd respondent and quash the same. PRAYER in W.P.(MD)No.2455 of 2013: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned communication bearing Ka.No.Oo.Mi.Po/Na/The.Kallu/Ko.Theni/A.No.95/13, dated 05.02.2013 issued by the respondent and quash the same and consequently, to direct the 1st respondent to grant supply of electricity to the petitioner's building comprised in S.F.No.59/1A2, Agraharam Street, T.Kallupatti, Madurai in terms of the petitioner's application dated 23.01.2012.

PRAYER in W.P.(MD)No.18699 of 2015: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned order vide Na.Ka.No.6680/2012/A4, dated 25.09.2015 passed by the 3rd respondent and quash the same. W.P.(MD)No.313 of 2013 For Petitioner : Mr.H.Lakshmi Shankar, for T.Antony Arulraj For R1 : Mr.P.Thilak Kumar, Government Pleader

For R2 & R3 : Mr.C.Sundaravadivel, Standing Counsel W.P.(MD)No.2455 of 2013 For Petitioner : Mr.H.Lakshmi Shankar, for T.Antony Arulraj For R1 : Mr.S.Deenadhayalan, Standing Counsel For R2 : Mr.T.Sundaravadivel, Standing Counsel W.P.(MD)No.18699 of 2015 For Petitioner : Mr.H.Lakshmi Shankar, for T.Antony Arulraj For R1 to R4 : Mr.P.Thilak Kumar, Government Pleader For R5 : Mr.C.Sundaravadivel, Standing Counsel COMMON ORDER [Order of the Court was made by The Hon'ble CHIEF JUSTICE] After the petitions were heard for some time, without going into merits of the matter, we allowed petitions to be withdrawn with liberty to pursue suit filed earlier in O.S.No.579 of 2014 on the file of District Munsif Cum Judicial Magistrate, Peraiyur.

2.Counsel for petitioner states that he shall apply to the Court for bringing on record additional facts and seek leave to amend the plaint. Let the Court decide the interim application for amendment when filed in accordance with law. We make no observations.

3.These Writ Petitions stand disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. [K.R.SHRIRAM., C.J.] & [V.LAKSHMINARAYANAN, J.] 13.02.2025 (1⁄2) NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, Usilampatti, Madurai District.

4.The Tahsildar, Peraiyur Taluk, Madurai District.

THE HON'BLE CHIEF JUSTICE and V.LAKSHMINARAYANAN , J.

Yuva W.P.(MD) Nos.313, 2455 of 2013 & 18699 of 2015 13.02.2025 (1⁄2)