Madras High CourtWP(MD)/1016/2017dismissed as infructuous

R.Subramanian, v. The District Collector

2017-08-16Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.1016 of 2017 and W.M.P(MD)No.847 of 2017 R.Subramanian ... Petitioner Vs.

1.The District Collector, Trichy.

2.The Revenue Divisional Officer, Musiri, Trichy District.

3.The Director of Panchayat, District Collectorate Office, Trichy.

4.The Tahsildar, Thottiyam, Trichy District.

5.The Block Development Officer, Thottiyam, Trichy District.

6.The Panchayat President, Seelaipillayarputhur Panchayat, Thottiyam, Trichy District.

7.The Special Officer, Executive Officer, Thottiyam, Trichy District.

(R7 is impleaded vide Court order dated 18.07.2017 in WMP(MD)No.9572 of 2017) ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to construct a Village Service Centre in Survey No.268/8 near the Kamatchiamman Temple as per the resolution passed in Panchyat based on the petitioner's representation dated 18.10.2016.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner : Mr.C.Susi Kumar For Respondents : Mr.T.S.Mohammed Mohideen, Addl. Govt. Pleader for RR 1 to 4 No Appearance for R5.

O R D E R

(Order of the Court was made by K.K.SASIDHARAN, J.) The petitioner filed this writ petition to direct the first respondent to construct a Village Service Centre at Survey No.268/8 near the Kamatchiamman Temple pursuant to the resolution passed by the Panchayat.

2.The learned Additional Government Pleader by producing a copy of the proceedings dated 19.07.2017 submitted that in view of the contrary to the stand taken by the members of the Panchayat and taking into account the objection raised in regard to the construction of the service centre, a decision was taken not to construct the service centre.

3.In view of the said decision, nothing survives for adjudication in this writ petition. It is always open to the petitioner to workout his remedy in the manner known to law. 4.The writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Trichy.

2.The Revenue Divisional Officer, Musiri, Trichy District. 3.The Director of Panchayat, District Collectorate Office, Trichy.

4.The Tahsildar, Thottiyam, Trichy District. 5.The Block Development Officer, Thottiyam, Trichy District. 6.The Panchayat President, Seelaipillayarputhur Panchayat, Thottiyam, Trichy District. 7.The Special Officer, Executive Officer, Thottiyam, Trichy District.

+One cc to M/s.M.Subash Babu, Advocate, SR.No.72803 +One cc to The Special Government Pleader, SR.No.73215 skm/Arul RL/10C/2P/KP/SAR1/5/9/2017 W.P(MD)No.1016 of 2017 and W.M.P(MD)No.847 of 2017 16.08.2017 https://hcservices.ecourts.gov.in/hcservices/