Madras High CourtCMP(MD)/4964/2017dismissed as infructuous

Sembaruthi Nagar Veetu v. Deivanaiammal,

2021-01-18Honourable The Chief Justice,Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2021 CORAM :

The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.M.SUNDRESH C.M.P.(MD) No.4964 of 2017 in Sembaruthi Nagar Veetu Urimaiyalargal Matrum Kudiyirupor Nala Sangam, Rep. by its Secretary, A.Sakthivel, S/o.Arumugam, Plot No.47, Door No.7/13, 4th Cross Street, Sembaruthi Nagar, New Vilangudi, Madurai - 625 018.

.. Petitioner/Appellant Vs

1. Deivanaiammal

2. A.Boominathan

3. Charles Selvaraj

4. The Commissioner, Madurai Corporation, Madurai.

5. The Director, Town and Country Planning Department, No.807, Annasalai, Chennai - 600 002.

.. Respondents/Respondents PRAYER in C.M.P.(MD)No.4964 of 2017: Petition under Section 151 of C.P.C. to grant leave to file the instant writ appeal against the order of extension of status quo passed in W.P.(MD)No.21717 of 2016, and W.M.P.(MD)No.15531 of 2016, dated 05.04.2017. 1/3

PRAYER in :

Appeal filed under Clause 15 of Letters Patent against the order of extension of status quo passed in W.P.(MD)No.21717 of 2016 and W.M.P.(MD)No.15531 of 2016, dated 05.04.2017.

Prayer in WP(MD). 21717/ 2016 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a Writ of Mandamus, forbearing the respondents from entering the property of the petitioner in Survey No. 184/1 & 2 in Vilangudi Village, Madurai District without acquiring the same in the manner known to law.

Prayer in WMP(MD). 15531/ 2016 :

To pass an order of Injunction restraining the respondents from interfering with the possession and enjoyment of the property of the petitioner in Survey No. 184/1 & 2 in Vilangudi Village, Madurai District pending disposal of the above WP and thus render justice.

For Petitioner :

Mr.T.Lajapathi Roy For Respondents :

Mr.G.Prabhuraja Durai for R1 to R3 Mr.R.Murali for R4 Ms.J.Padmavathi Devi, Special Government Pleader for R5

ORDER

[Order of the Court was made by THE HON'BLE CHIEF JUSTICE] It is submitted by learned counsel for the petitioner/appellant that the matter has become infructuous. 2.

As such, C.M.P.(MD)No.4964 of and W.A.(MD)No.SR19704 of 2017 are dismissed as not pressed. There will be no order as to costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

RR/OGY 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. The Commissioner, Madurai Corporation, Madurai.

2. The Director, Town and Country Planning Department, No.807, Annasalai, Chennai - 600 002.

+1 CC to Mr.T.LAJAPATHI ROY, Advocate ( SR-1210[F] dated 19/01/2021 ) +1 CC to Mr.G.PRABHU RAJADURAI, Advocate ( SR-1223[F] dated 19/01/2021 ) +1 CC to Mr.R.MURALI, Advocate ( SR-1263[F] dated 19/01/2021 ) C.M.P.(MD) No.4964 of 2017 in 18.01.2021 KM (29.01.2021) 3P 6C 3/3