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Madras High CourtWP(MD)/22607/2015dismissed as infructuous

D.Yosappu Kovil Pitchai v. The Assistant Engineer

2015-12-16Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2015

CORAM:

THE HON'BLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.22607 of 2015 and MP(MD)Nos.1, 2 & 3 of 2015 D.Yosappu Kovil Pitchai .. Petitioner Vs.

The Assistant Engineer, Water Resources Organization Public Works Department, Manimuthar Basin Division, Manimuthar, Nanguneri Taluk, Tirunelveli District.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari to call for the records relating to the impugned auction notice of the respondent in Ka.No.Ko.13/2015/U.Po. (Pa)-1 dated 30.11.2015 and quash the same in respect of Veppakulam Tank, Poonkudaiyarkulam Village, Ambasamudram Taluk, Tirunelveli District. For Petitioner :

Mr.H.Arumugam For Respondent :

Mr.A.Muthukaruppan Addl.Govt.Pleader

ORDER

The learned counsel appearing for the petitioner submits that after filing this writ petition challenging the impugned auction notice in respect of Veppakulam Tank, the respondent has stopped the auction in respect of the subject matter tank and therefore, the prayer sought for in this writ petition has become infructuous. However, he submits that incase an occasion arises for the petitioner to move this Court in respect of the very same cause of action, liberty may be given for the petitioner to do so.

2.Considering the above said facts and circumstances, this writ petition is dismissed as infructuous, however, with liberty to the petitioner to move before this Court as and when a fresh cause of action arises. No costs. Connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(writs) /True copy/ Sub AssistantRegistrar https://hcservices.ecourts.gov.in/hcservices/

To The Assistant Engineer, Water Resources Organization Public Works Department, Manimuthar Basin Division, Manimuthar, Nanguneri Taluk, Tirunelveli District.

+1cc to special Government Pleader SR.No.72197 sm:JGB-DP:31.12.2015:2p/3C W.P.(MD)No.22607 of 2015 16.12.2015 https://hcservices.ecourts.gov.in/hcservices/