Madras High CourtWP(MD)/14818/2014disposed of

S. Panchacharam v. President , Virathanur

2021-04-16Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD)No.14818 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 16.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.14818 of 2014 and M.P.No.1 of 2014 (Through Video Conferencing) S.Panchacharam ... Petitioner Vs.

1.President, Virathanur Panchayt, Virathanur, Madurai.

2.Block Development Officer& Thirupparankundram Panchayat Union, Thirunagar, Madurai 3.Commissioner Thirupparankundram Panchayat Union, Thirunagar, Madurai - 625 006.

4.District Collector Madurai District, Madurai.

5.M.Nagaselvi ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents 1 to 3 and their officials to take immediate and necessary action on the complaint dated 10.05.2010. For Petitioner :Mr.R.A.Manoharan For Respondents :Mr.J.Gunaseelan Muthiah for R2 Additional Government Pleader Mr.P.Mahendran for R4 Additional Government Pleader Mr.D.Senthil for R5

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents 1 to 3 to take action on the complaint given by the petitioner on 10.05.2010.

2. The grievance of the petitioner is that the 5th respondent has managed to get a water connection to her property though the property belonged to the petitioner. The petitioner, therefore, made a representation to the respondents 1 to 3 to take action and https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.14818 of 2014 to withdraw the permission given in favour of the fifth respondent.

3. Heard the learned counsel for the petitioner and the learned Additional Government Pleaders appearing on behalf of the respondents.

4. It was brought to the notice of this Court that the petitioner already filed a suit in O.S.No.104/2010 against the 5th respondent and the same was dismissed and thereafter it was also confirmed in appeal in A.S.No.61/2018. This judgment has also become final.

5. In view of the above development, no useful purpose will be served in directing the respondents to take action on the complaint given by the petitioner, since the petitioner has failed to establish his right before the competent civil Court. In view of the same, there are no merits in this writ petition. Accordingly, the writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (P & A) // True Copy // / /2021 Sub Assistant Registrar(CS ) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.Block Development Officer& Thirupparankundram Panchayat Union, Thirunagar, Madurai 2.Commissioner Thirupparankundram Panchayat Union, Thirunagar, Madurai - 625 006.

3.District Collector, Madurai District,Madurai. +1 CC to M/s.D.SENTHIL, Advocate ( SR-16175[F] dated 17/04/2021 ) +1 CC to M/s.SPL GP ( SR-16512[F] dated 19/04/2021 ) W.P.(MD)No.14818 of 2014 16.04.2021 KE(06.05.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2