Mathialagan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.9781 of 2021 Mathialagan, S/o.Shanmugam Vandaiyar ... Petitioner -vs1.The District Collector, O/o. District Collectorate, Thanjavur District.

2.The Assistant Director of Panchayat, Collector Office Complex, Thanjavur District.

3.The Block Development Officer, O/o. Block Development Office, Thanjavur District.

4.The President, Soorakkottai Panchayat, Thanjavur District.

5. Dhamodara Krishna Jhetty Vastad Water Pandal, Charities Trust, Represented by its Hereditary Trustee, S.Ramesh Vastad, S/o.R.Santhanakrishnan, No.964, Samantha Kulam West, East Main Street, Thanjavur District.

... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to allow the petitioner to harvest the fish in the Adappankulam in Survey No.293/1 of Soorakkottai Panchayat in Thanjavur District, for the current year 2021. For Petitioner :

Mr.M.M.Iqbal For R1 to R4 :

Ms.S.Jeyapriya Government Advocate For R5 :

Mr.R.Sharath

ORDER

This Writ Petition was filed for issuance of Writ of Mandamus, directing the respondent to release and return the gold jewel pledged by the sister of the petitioner by considering the representation, dated 03.07.2021.

2. When the matter came up for hearing today, the learned counsel appearing on behalf of the petitioner submitted that the petitioner died during the pendency of this Writ Petition.

3. The learned Standing Counsel appearing on behalf of the respondent Bank submitted that the loan was given to the sister of the petitioner, namely, Murugeswari. This loan was settled by one Duraipandian. When this loan 2/4

was given, no one was mentioned as the nominee. There is a dispute between the deceased petitioner and his sister and therefore, the respondent Bank was not in a position to hand over the pledged gold jewel to the petitioner.

4. In view of the above, nothing survives in this Writ Petition and accordingly, this Writ Petition is closed. No costs. NCC : Yes/No 19.10.2023 Index : Yes/No smn2 To 1.The District Collector, O/o. District Collectorate, Thanjavur District.

2.The Assistant Director of Panchayat, Collector Office Complex, Thanjavur District.

3.The Block Development Officer, O/o. Block Development Office, Thanjavur District.

4.The President, Soorakkottai Panchayat, Thanjavur District.

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N.ANAND VENKATESH, J.

smn2 and W.M.P.(MD)No.9781 of 2021 19.10.2023 4/4