← Library
Madras High CourtWP(MD)/5521/2022disposed of

Society For Prevention Of Cruelty To Animals (Spca) v. The District Collector

2022-03-28Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD).No.5521 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.(MD).No.5521 of 2022 and W.M.P.(MD).Nos.4468 to 4470 of 2022 Society for Prevention of Cruelty to Animals (SPCA), Represented by it's the Secretary, Samiyappan.

... Petitioner Vs.

1.The District Collector, Collector Office, Thanjavur, Thanjavur District.

2.The Sub-District Collector, Collector Office, Thanjavur, Thanjavur District.

3.The Commissioner, Thanjavur Municipality, Thanjavur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order Na.Ka.No.112/2022/MCF.3 dated 24.03.2022 passed by the third respondent and quash the same as illegal and consequently direct the respondents to extend the time limit for a period of 30 days to the petitioner's Society to demolish the petitioner's Society building situated in Town Survey No.23/1, Block 3, Thanjavur Town, Thanjavur. For Petitioner : Mr.R.Karunanidhi for Mr.S.Chellapandian For R-1 and R-2 : Mr.M.Lingadurai, Special Government Pleader.

For R-3 : Mr.N.Dilip Kumar, Standing Counsel.

ORDER

The petitioner was aggrieved by the proposed demolition of the building owned by the petitioner Society. Under such circumstances, the present Writ Petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.5521 of 2022

2. Heard Mr.R.Karunanidhi, learned counsel for the petitioner, Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the first and second respondents and Mr.N.Dilip Kumar, learned Standing Counsel, who accepts notice on behalf of the third respondent.

3. Mr.M.Lingadurai, learned Special Government Pleader has placed before this Court, the instructions received by him from the District Collector, Thanjavur on 28.03.2022 informing him that the subject building has already been demolished today morning.

4. Since the said building has been demolished, nothing survives for further adjudication in this Writ Petition, as the petitioner is aggrieved only by the imminent demolition of the building which has already been demolished today.

5. After recording the instructions received by the learned Special Government Pleader on 28.03.2022 from the District Collector, Thanjavur, this Writ Petition is disposed of. There shall be no order as to costs.

Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 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, Thanjavur,Thanjavur District.

2.The Sub-District Collector, Collector Office, Thanjavur,Thanjavur District.

+1 CC to M/s.S.CHELLAPANDIAN, Advocate ( SR-15013[F] dated 29/03/2022 ) +1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-15145[F] dated 29/03/2022 ) +1 CC to M/s.SPL GP ( SR-15350[F] dated 30/03/2022 ) W.P.(MD).No.5521 of 2022 28.03.2022 MGJ(06.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2