Madras High CourtWA(MD)/594/2021dismissed

R.N.T.Senthilkumar, v. T.Prabhakaran,

2021-03-19Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and C.M.P.(MD)No.2706 of 2021 against WP(MD)No.6279 of 2019 R.N.T.Senthilkumar : Appellant/Respondent No.6 Vs.

1.T.Prabhakaran 2.The District Collector, Thanjavur District, Thanjavur.

3.The Superintendent of Police, Thanjavur District, Thanjavur.

4.The Tahsildar, Budalur Taluk, 5.The Executive Officer, Thirukkattupalli Selected Grade Panchayat, 6.The Inspector of Police, Thirukkatupalli Police Station, :2 to 6 Respondents/Respondents 2 to 5 7.R.N.Thangamani Chettiar : Respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent as against the order dated 17.02.2021 made in W.P.(MD)No.6279 of 2019. Prayer in WP(MD). 6279/ 2019 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus directing the respondents 1 to 5 to grant permission and to provide police protection to the petitioner to demolish the dilapidated condition building situated in Door.Nos.85,87 and 89 at Kudamurutti Line Karai, Thirukkattupalli Selection Grade Panchayat, Budalur Taluk 1/3

Thanjavur District on the basis of the complied the Demolished Notices issued by the 4th respondent in (1) Na.Ka.No.1/99A2 dated 13/12/1999, (2) Na.Ka.No.70/2018/A1 dated 05/09/2018 and (3) Na.Ka.No.70/2018/A1 dated 03/10/2018.

For Appellant : Mr.S.Ramakrishnan For Respondents : Mr.K.P.Krishnadoss, Special Government Pleader for R.2 to R.6 *****

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.) The demolition having been carried out, nothing survives for adjudication in this writ appeal. However, we are inclined to give liberty to the appellant to work out his remedy in the manner known to law and if it is done so, the order passed by the learned Single Judge will not stand in the way, as the said order has been passed in the absence of the appellant.

2. In fine, this writ appeal stands dismissed, with liberty as stated supra. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) gk To 1.The District Collector, Thanjavur District, Thanjavur.

2.The Superintendent of Police, Thanjavur District, Thanjavur.

3.The Tahsildar, Budalur Taluk, 4.The Executive Officer, Thirukkattupalli Selected Grade Panchayat, 2/3

5.The Inspector of Police, Thirukkatupalli Police Station, +1 CC to M/s.B.ANANDHAN, Advocate ( SR-12618[F] dated 19/03/2021 ) 19.03.2021 KMV(CO) KK(01.04.2021) 3P 7C 3/3