The Madras High Court, Madurai Bench dismissed Writ Petition No. 13868 of 2009 for default due to the petitioner's non-prosecution and lack of instructions.
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.
W.P.(MD)No.13868 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2019 CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR
W.P.(MD)No.13868 of 2009 and M.P.(MD)Nos.1 and 2 of 2009
J.John Benitta ... Petitioner Vs. 1. The District Collector, Thoothukudi. 2. The Assistant Director(Panchayat), Thoothukudi. 3. The Assistant Block Development Officer, (Village Panchayat), Alwarthirunagari Panchayat Union, Alwarthirunagari, Thoothukudi District.
PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the fourth respondent dated 25.04.2009 and the consequent proceeding on the file of the third respondent passed under the instruction of the second respondent dated14.07.2009 in Oou.Nee/4252/2009 and further direct the respondents to permit the petitioner to complete her building construction works in S.Nos.192/1A, 192/6A1, 191/6B1, 193A/2, 193A/3A1, 181/2 and 193/1A at Mookuperi Village, Thoothukudi District.
For Petitioner : Mr.M.Prakash for Mr.P.Pethu Rajesh For Respondents : Mr.Aayiram K.Selvakumar Additional Government Pleader for R.1 and R.2 : Mr.S.Raja for Mr.K.M.Vijayakumar for R.3 : R.4 and R.5 - dismissed
1/3
W.P.(MD)No.13868 of 2009
ORDER
Read this in conjunction with and in continuation of earlier proceedings of this Court dated 25.09.2019, which reads as follows: 'Mr.P.Pethu Rajesh, learned Counsel on behalf of writ petitioner, Mr.K.Mu.Muthu, learned Additional Government Pleader on behalf of respondents 1 and 2 and Mr.K.Mahesh Raja, learned Counsel on behalf of third respondent are before this Court.
To be noted, respondent No.4 is President of the Panchayat and therefore as of today, this Court is informed that the third respondent is competent to represent the panchayat.
In the aforesaid backdrop, Counsel for writ petitioner seeks time to get instructions about the present obtaining position and make submissions. List on 30.10.2019.'
' No instruction. Memo filed .'
// True Copy //
Sub Assistant Registrar(CS )
To
2/3
W.P.(MD)No.13868 of 2009
W.P.(MD)No.13868 of 2009 30.10.2019
SSL MK (08.11.2019) 3P 6C
3/3
J. John Benitta
The District Collector, Thoothukudi
The Assistant Director(Panchayat), Thoothukudi
The Assistant Block Development Officer
The President, Mookuperi Panchayat
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
