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Madras High CourtWP(MD)/16723/2020disposed of

P.Bose v. The Asst. Director(Panchayat)

2023-10-06Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2023

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH P.Bose ... Petitioner Vs

1. The Asst. Director(Panchayat), Madurai Collector Office, Madurai District, Madurai.

2. The Block Development Officer (Ki.Oo), Thirupparankundram Panchayat Union, Tirupparankundram, Madurai.

3. The Assistant Block Development Officer V, The Panchayat President, Tirupparankundram Panchayat Union, Tirupparankundram, Madurai.

4. The Panchayat President, Melakuyilkudi Panchayat, Tirupparankundram Panchayat Union, Madurai District, Madurai.

5. M.Ravivarma ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 1 to 4 1/4

respondents to remove the loose pit laid by the 5th respondent in the road in the light of 4th respondents notice, dated 13.7.2020 within a time frame fixed by this Court.

For Petitioner : Mr.R.Ramasamy For Respondents : Ms.D.Farzana Goushia (R1 to R3) Special Government Pleader Mr.R.Karunanidhi(R5)

O R D E R

This writ petition has been filed for the issue of a mandamus directing the respondents 1 to 4 to close down the loose pit that has been dug by the 5th respondent in the road by considering the representation made by the petitioner in this regard.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents 1 to 3.

3. When the matter was taken up for hearing, the learned Special Government pleader for the respondents 1 to 3 and the learned counsel for the 5th respondent submitted that the loose pit that was laid by the 5th respondent was closed during the pendency of the writ petition. To 2/4

substantiate the same, the written instructions received from the President of the Melakuyilkudi panchayat and the relevant photographs were placed before this Court.

4. Recording the above, this writ petition is disposed of. If, according to the petitioner, the loose pit laid by the 5th respondent has not been closed till date, it is left open to the petitioner to file an affidavit to that effect before this Court and this Court will revive this writ petition to pass further orders. No costs.

06.10.2023 Internet : Yes RR To

1. The Asst. Director(Panchayat), Madurai Collector Office, Madurai District, Madurai.

2. The Block Development Officer (Ki.Oo), Thirupparankundram Panchayat Union, Tirupparankundram, Madurai.

3. The Assistant Block Development Officer V, The Panchayat President, Tirupparankundram Panchayat Union, Tirupparankundram, Madurai.

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N.ANAND VENKATESH, J.

RR WP. (MD)No.16723 of 2020 06.10.2023 4/4