Madras High CourtWA(MD)/1588/2018dismissed as infructuous

The Madurai Corporation, v. Mdu Multi Functional Complex

2020-12-01Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and C.M.P.(MD)Nos.11357 of 2018 and 1086 of 2019 The Madurai Corporation, Rep. by its Commissioner, Madurai.

... Appellant/1st Respondent/1st Respondent versus

1. Madurai Multi Functional Complex Private Ltd., Having its Registered Office at 30 J.L.Nehru Road, 15A Block -C 2nd Floor, Kolkata 700 016, West Bengal And Local Address at Madurai Railway Station Premises, West Veli Street (Opp to SBI) Madurai 625 001, Rep. by its Authorized Signatory.

2. Rail Land Development Authority, Rep. by its General Manager/Railway Infrastrucure, Near Safdarjung Railway Station, Moti Bagh, New Delhi 110 021.

3. IRCON Infrastructure and Service Ltd., Rep. by the Chief Executive Officer, Plot C-4, Saket District Center, New Delhi 17.

... Respondents/Respondents/Respondents Writ Appeal filed under Clause 15 of Letters Patent, against the order dated 28.09.2018, passed in W.M.P.(MD)No.16378 of 2018 in W.P.(MD)No.18477 of 2018.

Prayer in WMP(MD). 16378/ 2018 in WP(MD).18477/2018 : To grant an interim direction to the Madurai Municipal Corporation to forthwith provide water connection and drainage 1/3

facility to the multifunction complex in the Madurai railway junction by receiving the necessary fees and charges towards such services from the petitioner pending disposal of the main writ petition.

Prayer in WP(MD). 18477/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus to calling for records relating to the impugned demand notice of the 1st respondent singed on 03.03.2018 and quash the same and consequently direct the Madurai Municipality corporation to provide water connection and drainage facility to the multifunction complex located in the Madurai railway junction upon payment of fees and charges towards such services. For Appellant : Mr.K.Govindarajan For Respondents: Mr.N.Dilipkumar for R1 No appearance for R2 and R3

JUDGMENT

[Judgment of this Court was delivered by N.KIRUBAKARAN, J.] This Writ Appeal is filed as against the order of the learned Single Judge, passed in W.M.P.(MD)No.16378 of 2018 in W.P.(MD) No.18477 of 2018, on 28.09.2018.

2. Since the main writ petition itself has been disposed of on 06.05.2020, the prayer sought for in the writ appeal has become infructuous.

3. Accordingly, the Writ Appeal is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) ogy 2/3

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.

1. The Commissioner, Madurai Corporation, Madurai.

2. The General Manager/Railway Infrastrucure, Rail Land Development Authority, Near Safdarjung Railway Station, Moti Bagh, New Delhi 110 021.

3. The Chief Executive Officer, IRCON Infrastructure and Service Ltd., Plot C-4, Saket District Center, New Delhi 17.

+1 CC to M/s.K.GOVINDARAJAN, Advocate ( SR-23807[F] dated 03/12/2020 01.12.2020 MR(CO) NR (14/12/2020) 3P : 5C 3/3