Madras High CourtWA(MD)/1254/2013dismissed for nonprosecution

P.Markkannathas v. The Distric Collector

2018-07-27Honourable Mr Justice K. Ravichandrabaabu,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI W.A(MD)NO.1254 OF 2013 and M.P(MD)No.2 of 2013 P.Markkannathas :Appellant/Petitioner .vs.

1.The District Collector, Collectorate, Madurai.

2.The Revenue Divisional Officer, Madurai Revenue Division, Collectorate,Madurai.

3.The Superintendent of Police, Madurai District now at Surveyor Colony, Madurai.

4.R.Dharmaraj 5.Indira 6.Chellammal 7.Pachakkal 8.Renuka 9.Mariammal 10.Nagammal 11.Sakthi 12.Parvathy : Respondents/Respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent praying this Court to set aside the order passed by this Court in W.P(MD)No.9301 of 2011, dated 24.7.2012.

Prayer in WP(MD)No. 9301/ 2011 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to accord police protection for the petitioner for fencing remaining portion of our property in Survey Nos: 151 (Part), 153/1 (Part), 365/1 (Part) of Harveypatty Panchayat, Thirupparankundram Village, Madurai South taluk, in Madurai District.

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For Appellant : Mr.M.C.Swamy For Respondents : Mr.C.M.Mari Chelliah Prabu 1 to 3 Addl.Govt.Pleader For Respondents : No appearance 4 to 6 and 12 For Respondents : Mr.P.Ganapathi Subramanian 7 to 11

JUDGMENT

[Judgment of the Court was made by K.RAVICHANDRABAABU,J.] The learned counsel for the appellant informs this Court that he is unable to conduct the case, since the appellant did not turn up, inspite of repeated reminders.

2.On the other hand, the learned counsel appearing for the respondents 7 to 11 submitted that nothing survives in this Writ Appeal, since the Civil Court decree ended in favour of the appellant and consequently, he has also filed an Execution Petition. 3.Considering the above-stated facts and circumstances, this Writ Appeal is dismissed for non-prosecution. No costs. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The District Collector, Collectorate, Madurai.

2.The Revenue Divisional Officer, Madurai Revenue Division, Collectorate,Madurai.

3.The Superintendent of Police, Madurai District now at Surveyor Colony, Madurai.

W.A(MD)NO.1254 OF 2013 and M.P(MD)No.2 of 2013 27.07.2018 VSN ES/SKN/RSK/SAR 2/10.09.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/