Madras High CourtWP(MD)/16510/2014dismissed

K. Bose, v. The District Collector,

2025-09-03Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)No.16510 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.16510 of 2014 and MP(MD)No.1 of 2014 K.Bose

...Petitioner

vs.

1.The District Collector, Ramanathapuram District.

2.The Commissioner, Pogalur Panchayat Union, Paramakudi Taluk, Ramanathapuram District.

3.The Executive Officer, Pogalur Panchayat Union, Paramakudi Taluk, Ramanathapuram District.

4.The President, Pogalur Panchayat Union, Paramakudi Taluk, Ramanathapuram District.

5.V.Jegannathan ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents herein to restore and maintain the roads in S.No.206/1A1, Pottithatti Village, Paramakudi Taluk, Ramanathapuram District, free 1/4

2 W.P.(MD)No.16510 of 2014 from obstacles and nuisance to the utility of the access and passage to the vehicles of the petitioner.

For Petitioner : Mr.V.Janakiramulu For Respondents : Mr.M.Lingadurai Special Government Pleader for R1 to R4 Mr.M.S.Jeyakarthik for R5

ORDER

Heard both sides.

2.This writ petition was earlier allowed on 20.04.2021. The fifth respondent in the writ petition had filed Rev.Aplw(MD)No.85 of 2021. It was allowed vide order dated 19.11.2024 in the following terms :

"4. Considering the submissions made on either side and also the materials available on record, the order passed in the Writ Petition suffers from an error apparent on the face of the order, since the Court did not take into consideration the judgment and decree passed in O.S.No.133 of 2005, dated 08.07.2009, by the learned District Munsif, Paramakudi, which also touched upon the pathway dispute. Accordingly, the order passed in the Writ Petition dated 20.04.2021 is hereby withdrawn and this Review Application is accordingly allowed. 2/4

3 W.P.(MD)No.16510 of 2014

5. Registry is directed to post W.P.(MD).No.16510 of 2024 before the concerned portfolio Judge for final hearing." 3.In fact, the writ petition itself could have been dismissed then and there. Since the fifth respondent herein had succeeded before the civil court, nothing survives for further adjudication in this writ petition. It stands dismissed. No costs. Connected miscellaneous petition is closed.

03.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No SKM To:

1.The District Collector, Ramanathapuram District. 2.The Commissioner, Pogalur Panchayat Union, Paramakudi Taluk, Ramanathapuram District.

3.The Executive Officer, Pogalur Panchayat Union, Paramakudi Taluk, Ramanathapuram District.

4.The President, Pogalur Panchayat Union, Paramakudi Taluk, Ramanathapuram District.

3/4

4 W.P.(MD)No.16510 of 2014 G.R.SWAMINATHAN, J.

SKM W.P.(MD)No.16510 of 2014 03.09.2025 4/4