Madras High CourtWP(MD)/4145/2023disposed of

Chandrabose v. The District Collector

2024-03-13Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.3965 of 2023 Chandrabose ... Petitioner vs.

1 The District Collector Kanyakumari District, Nagercoil.

2 The Revenue Divisional Officer, Padmanabhapuram, Kanyakumari District.

3 The Tahsildar Killiyoor Taluk, Tholaiyavattam Post, Kanyakumari District.

4 The Executive Officer Paloor Panchayat, Kanyakumari District.

5 Dicey ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the 5th respondent or his men from putting up the construction work in Survey No.368/2B, Paloor Village Kanyakumari District, except under due process of law. 1/4

For Petitioner : Mr.V.Sasikumar For R-1 to R-4 : Mr.T.Amjad Khan, Government Advocate For R-5 : Mr.S.C.Herold Singh

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus forbearing the 5th respondent or his men from putting up the construction work in Survey No.368/2B, Paloor Village, Kanyakumari District.

2. When the matter is taken up for hearing today, the learned counsel appearing for the fifth respondent would submit that necessary planning permission has been obtained from the panchayat concerned and now, the construction has been completed and therefore, the prayer as sought for by the petitioner has become infructuous.

3. The learned counsel appearing for the petitioner has not refuted the said statement made by the learned counsel appearing for the fifth respondent.

2/4

4. In view of the same, this writ petition is dismissed as infructuous. No Costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.,J.] [R.V.,J.] 13.03.2024 NCC : Yes / No Index : Yes / No PM To:

1 The District Collector Kanyakumari District, Nagercoil.

2 The Revenue Divisional Officer, Padmanabhapuram, Kanyakumari District.

3 The Tahsildar Killiyoor Taluk, Tholaiyavattam Post, Kanyakumari District.

4 The Executive Officer Paloor Panchayat, Kanyakumari District.

3/4

D.KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

PM ORDER MADE IN DATED : 13.03.2024 4/4