Madras High CourtWP(MD)/21236/2015dismissed

Kannan v. The Executive Engineer,

2016-11-30Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)Nos.21236 of 2015 & 2038 of 2016 and W.M.P(MD)No.1758 of 2016 1.W.P(MD)No.21236 of 2015:- Kannan ... Petitioner Vs.

1.The Executive Engineer, Tamil Nadu Slum Clearance Board, Tiruchirappalli.

2.Ravi ... Respondents (R - 2 implead vide order, dated 15.12.2015 in M.P(MD)No.1 of 2015) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to continue the construction as per his selection of the petitioner as a beneficiary in scheme serial No.40 and MPL 060. For Petitioner : Mr.S.Muthukrishnan For R - 1 : Mr.P.Mahendran For R - 2 : M/s.J.Maria Roseline 2.W.P(MD)No.2038 of 2016:- R.Ravi ... Petitioner Vs.

1.The Executive Engineer, Tamil Nadu Slum Clearance Board, Tiruchirappalli.

2.Kannan ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the first respondent from proceeding with the construction work in the property ad measuring acre 0.3 cents at old survey No.29/9A 2A, New T.S.No.61, Pandamangalam Village, Trichy Taluk, Trichy District https://hcservices.ecourts.gov.in/hcservices/

under the housing scheme sponsored by the first respondent pending disposal of the civil suit filed by the petitioner in O.S.No.691 of 2015 on the file of the District Munsif Court, Trichy. For Petitioner : M/s.J.Maria Roseline For R - 1 : Mr.P.Mahendran For R - 2 : Mr.S.Muthukrishnan COMMON ORDER The learned counsel appearing for the petitioner would submit that construction work has already been completed and the prayer sought for in the Writ Petitions have become infructuous. 2.In view of the same, both the Writ Petitions are dismissed are infructuous. However, liberty is given to the petitioner in W.P (MD)No.2038 of 2016 to work out his remedy in accordance with law, as the civil suit is pending before the civil Court. No costs. Consequently, connected Miscellaneous Petition is also closed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To The Executive Engineer, Tamil Nadu Slum Clearance Board, Tiruchirappalli.

+1 cc to Mr.P.Mahendran,Advocate, Sr.No:74714 W.P(MD)Nos.21236 of 2015 & 2038 of 2016 30.11.2016 ps rum/19.12.2016/2p/3c https://hcservices.ecourts.gov.in/hcservices/