Madras High CourtWP(MD)/16520/2015allowed

M.Baby v. The District Collector

2016-11-16Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Sixteenth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN WP(MD) No.16520 of 2015 and Mp(MD)No.1 of 2015 and WMP(MD)No.216 of 2016 M.BABY ... PETITIONER Vs 1 THE DISTRICT COLLECTOR THOOTHUKUDI DISTRICT, THOOTHUKUDI.

2 THE EXECUTIVE OFFICER, SRIVAIKUNDAM SELECTION GRADE TOWN PANCHAYAT, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT. RESPONDENTS Writ Petition filed under Article 226 of the Constitution of India, praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a Writ of Mandamus to call for the records relating to the proceedings in Na. Ka. No.370/2015 dated 20.08.2015 on the file of the 2nd respondent and quash the same and further directing the 2nd respondent to accept the petitioner s application dated 27.07.2015 in respect of the property in Survey No.53/4A, Ward No.10, Saraswathi Amman Kovil Street, Srivaikundam Town Panchayat, Thoothukudi District and to approve the petitioner s building plan. ORDER : This Writ Petition coming on for Being Mentioned.

Upon Perusing the petition and the affidavit filed in support there of the order of the High Court and upon hearing the arguments of Mr.R.Maheswaran, Advocate for the Petitioner, and of Mr.V.Rajiv Rufus Advocate for the implead Respondent the Court made the following order :- This matter is posted today under the Caption "for being Mentioned" at the instance of the learned Counsel appearing for the impleading Respondent.

2. The Petition in WMP(MD)No.216 of 2016 in WP(MD)No.16520 of 2015 has been filed by one Sankaralingam to impleaded himself as third respondent in the above Writ Petition.

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3. According to the learned Counsel appearing for the proposed respondent that the Writ Petition has been filed challenging the

Order passed by the Second respondent dated 20.08.2015, and this Court (Hon'ble Mr.Justice B.RAJENDRAN) by an order, dated 26.04.2016, dismissed the Writ Petition. At the time of dismissal of this Writ Petition, the impleading petition filed by the proposed respondent was not ordered, even though the arguments of the learned counsel for the proposed respondent was heard. Hence the matter is posted today " for being mentioned and to pass orders in the impleading application.

4. The learned Counsel appearing for the Writ Petitioner opposed the impleading petition.

5. In the above circumstances the Registry is directed to post the matter before the learned Judge, who passed the order in the main writ petition, after obtaining necessary orders from the Hon'ble Administrative Judge.

sd/- Assistant Registrar (Records) / TRUE COPY / Sub-Assistant Registrar (C.S.) TO +1. C.C. to Mr.V.Rajiv Rufus Advocate SR.No.15460 GJM/RSK/SAR-3-22.3.17-2p-2C Order Date :16/11/2016 CD PURPOSE WP(MD) No.16520 of 2015 and Mp(MD)No.1 of 2015 and WMP(MD)No.216 of 2016 https://hcservices.ecourts.gov.in/hcservices/