In two connected writ petitions challenging colony construction under the TN Slum Clearance Board scheme, the court found the prayers infructuous due to completion of work despite pending civil litigation between parties.
Rejection of writ petitions seeking mandamus orders to continue or forbid construction due to completion of work and pending civil suit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2016 CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)Nos.21236 of 2015 & 2038 of 2016 and W.M.P(MD)No.1758 of 2016
1.W.P(MD)No.21236 of 2015:-
Kannan
... Petitioner
Vs.
1.The Executive Engineer, Tamil Nadu Slum Clearance Board, Tiruchirappalli.
2.Ravi ... Respondents
(R – 2 implead vide order, dated 15.12.2015 in M.P(MD)No.1 of 2015)
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to continue the construction as per his selection of the petitioner as a beneficiary in scheme serial No.40 and MPL 060.
For Petitioner : Mr.S.Muthukrishnan For R – 1 : Mr.P.Mahendran For R – 2 : M/s.J.Maria Roseline
2.W.P(MD)No.2038 of 2016:-
R.Ravi
... Petitioner
Vs.
1.The Executive Engineer, Tamil Nadu Slum Clearance Board, Tiruchirappalli.
2.Kannan ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the first respondent from proceeding with the construction work in the https://hcservices.ecourts.gov.in/hcservices/ property ad measuring acre 0.3 cents at old survey No.29/9A 2A, New T.S.No.61, Pandamangalam Village, Trichy Taluk, Trichy District
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under the housing scheme sponsored by the first respondent pending disposal of the civil suit filed by the petitioner in O.S.No.691 of 2015 on the file of the District Munsif Court, Trichy.
For Petitioner : M/s.J.Maria Roseline For R – 1 : Mr.P.Mahendran
COMMON ORDER
The learned counsel appearing for the petitioner would submit that construction work has already been completed and the prayer sought for in the Writ Petitions have become infructuous.
2.In view of the same, both the Writ Petitions are dismissed are infructuous. However, liberty is given to the petitioner in W.P (MD)No.2038 of 2016 to work out his remedy in accordance with law, as the civil suit is pending before the civil Court. No costs. Consequently, connected Miscellaneous Petition is also closed.
Sd/-
Assistant Registrar (AS)
/True Copy/
Sub Assistant Registrar
To
The Executive Engineer, Tamil Nadu Slum Clearance Board, Tiruchirappalli.
+1 cc to Mr.P.Mahendran,Advocate, Sr.No:74714
W.P(MD)Nos.21236 of 2015 & 2038 of 2016 30.11.2016
ps rum/19.12.2016/2p/3c
2 issues framed by the court
Whether the writ petitions seeking mandamus orders regarding colony construction are maintainable.
Whether the prayers in the writ petitions remain operative at the time of hearing.
1 provisions across 1 enactments
Kannan
Ravi
The Executive Engineer, Tamil Nadu Slum Clearance Board, Tiruchirappalli
V. BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
