Madras High CourtWP(MD)/2585/2018dismissed as infructuous

M.Mohammed Iqbal v. The District Collector

2024-11-04Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)No.2786 & 9929 of 2018 M.Mohammed Iqbal ... Petitioner /Vs./ 1.The District Collector, Trichy District, Trichy.

2.The Project Officer, National Highways Authority of India, Ponnagar, Trichy.

3.The Manager, T.D.Toll Road Private Limited, Ponnampalapatti Toll, Ponnampalapatti Village, Manapparai Taluk, Trichy District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the Respondents 2 and 3 and their subordinates from constructing the toilet in front of the Petitioner's land by completely closing his pathway and running water channel as well in 1/4

Survey No.2/13B situated at Ponampalaptti Village, Manapparai Taluk, Trichy District not otherwise than due process of law based on his representation dated 05.02.2018 submitted to the respondents 1 and 2 in person.

For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mr.D.Gandhiraj (R1) Special Government Pleader Mr.C.Arul Vadivel @ Sekar (R2) Standing Counsel

ORDER

This writ petition has been filed seeking for a mandamus forbearing the respondents 2 and 3 and their subordinates from constructing toilet in front of the petitioner's land by completely closing his pathway and running water channel as well in Survey No.2/13B situated at Ponampalaptti Village, Manapparai Taluk, Trichy District, based on his representation dated 05.02.2018. 2/4

2. When the matter is taken up for hearing, the learned standing counsel appearing for the second respondent submitted that construction of the toilet has already been completed and it has been brought for usage of general public and as such, the prayer sought for in this writ petition has now become infructuous.

3. Recording the statement made by the learned standing counsel appearing for the second respondent, this writ petition is dismissed as infructuous. However, the petitioner is at liberty to approach the competent civil Court seeking for appropriate relief. No costs. Consequently, connected miscellaneous petitions are closed. 04.11.2024 Index : Yes / No NCC : Yes / No Sm TO:- 1.The District Collector, Trichy District, Trichy.

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G.K.ILANTHIRAIYAN , J.

Sm Order made in Dated:

04.11.2024 4/4