Madras High CourtWP(MD)/5724/2015dismissed as infructuous

Thiruvasagam v. The District Collector &

2017-02-06Honourable Mr Justice K. Ravichandrabaabu2 pages

````BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 06.02.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.5724 of 2015 and MP(MD)No.1 of 2015 Thiruvasagam ..Petitioner Vs 1.The District Collector and Inspector of Panchayats, Sivagangai District, Sivagangai.

2.The Assistant Director of Panchayats Sivagangai District, Sivagangai.

3.The Block Development Officer Kalayarkovil Panchayat Union, Sivagangai District.

4.The President Maranthai Panchayat Kalayarkovil Panchayat Union, Sivagangai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents from constructing the Village Panchayat Service Centre in the water body of Sethur Oorani in survey No.40 and for a consequential direction to construct the same in the panchayat land in survey No.118-4B and 118-4C at Marandhai Village.

For Petitioner : Mr.S.Murugaian For Respondent : Mr.T.S.Mohammed Mohideen Addl. Government Pleader for R1 and R2 https://hcservices.ecourts.gov.in/hcservices/

ORDER

The prayer sought for in this writ petition is to forbear the respondents from constructing the Village Panchayat Service Centre in the water body of Sethur Oorani in survey No.40 and for a consequential direction to construct the same in the panchayat land in survey No.118-4B and 118-4C at Marandhai Village. 2.Today, when the matter is taken up for further hearing, it is represented by the learned Additional Government Pleader that the construction of the Village Panchayat Service Centre at the above said property is already over. He has also produced a photograph showing the completion of the construction. 3.If that be the case, the prayer sought for in this writ petition has become infructuous. However, it is open to the petitioner to agitate the matter in the manner known to law against such construction, if the petitioner's grievance has any legal basis.

4.Granting such liberty and without expressing any view on the respective claim made by the parties, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar( C ) /True copy/ Sub Assistant Registrar To 1.The District Collector and Inspector of Panchayats, Sivagangai District, Sivagangai.

2.The Assistant Director of Panchayats Sivagangai District, Sivagangai.

+1cc to Mr.T.S.Mohammed Mohideen, SR.No:6559 vs AE/BS/28.02.2017/2P/4C W.P(MD)No.5724 of 2015 06.02.2017 https://hcservices.ecourts.gov.in/hcservices/