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C.Ramakrishnan Vs The President — Writ and Judicial Review | Madras HC (2020)

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Madras HC
2020
C.Ramakrishnan Vs The PresidentC.Ramakrishnan v. The President

Dismissed

C.Ramakrishnan v. The President

Madras HC19 Nov 2020WP/12295/2020

Case brief

from the order text

What is this about?

COURT OF JUDICATURE AT MADRAS DATED :…

What did the court decide?

No, but liberty granted to approach concerned authority.

What the court decided

AI extract

A

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN

W.P.No.12295 of 2020

and W.M.P.Nos.15097 & 22940 of 2020

C.Ramakrishnan ... Petitioner

Vs

The President, Panchayat Board, Panaiyur, Thiruthuraipoondi Taluk,

Tiruvarur District.

The Tahsildar, Thiruthuraipoondi Taluk, Tahildar Office, Thiruthuraipoondi, Tiruvarur District.

The Block Development Officer, Panchayat Union Office, Thiruthuraipoondi, Tiruvarur District. ... Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein from in any way interfering with the petitioner's possession and enjoyment of the 5 tanks in Survey Nos.22/1, 22/8, 23/2A and 26/1A in Komalapettai Village, Thiruthuraipoondi, Tiruvarur District.

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether to allow closure of the writ petition when the relief sought has become infructuous.
2.
Whether to grant liberty to the petitioner to approach the concerned authority for any other relief.

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226

Parties & counsel

AI extract

petitioner
C. Ramakrishnan
respondent
The President, Panchayat Board, Panaiyur
respondent
The Tahsildar, Thiruthuraipoondi Taluk
respondent
The Block Development Officer

Coram

AI extract

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 19 Nov 2020 · November
Registered: 3 Sept 2020
Case no.: WP/12295/2020

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Cite this judgement

C.Ramakrishnan v. The President, WP/12295/2020 (MAD), decided on 19 November 2020.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 226

View all statutes

Bench / Coram

R. Mahadevan

Parties & counsel

Outcome

No, but liberty granted to approach concerned authority.

Issue for consideration

Whether to allow closure of the writ petition when the relief sought has become infructuous. +1 more

A compact analysis

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.

For Petitioner : Mr.B.Ramamoorthy For R1 : Mr.J.Ramesh, AGP For R2 : Mr.P.Chinnadurai, AGP For R3 : Mr.E.BalaMurugan, Spl.GP

ORDER

The prayer made in this writ petition is to direct the respondents from in any way interfering with the petitioner's possession and enjoyment of the 5 tanks in Survey Nos.22/1, 22/8, 23/2A and 26/1A in Komalapettai Village, Thiruthuraipoondi, Tiruvarur District.

https://hcservices.ecourts.gov.in/hcservices/

2.Upon notice, the respondents 1 & 3 filed a detailed counter affidavit, inter alia stating that the matters of possession and enjoyment and fishery rights are involving civil rights and the same have to be dealt with only by the competent Civil Court and hence, the petitioner cannot seek any remedy by way of instituting writ petition. It is also stated therein that there is a restriction already in existence that no case will lie in the matter of public water bodies and that will be decided by the competent Court. Therefore, this writ petition is liable to be dismissed.

3.The second respondent also filed a counter affidavit stating that the matter of fishery rights and connected issues are only with the Rural Development and Panchayat Raj Department and hence, this respondent/Tahsildar, Thiruthuraipoondi Taluk of Revenue Department, has no role to say anything in this writ petition.

4.However, today, When the matter was taken up for consideration, the learned counsel for the petitioner submitted that the relief sought for herein has become infructuous and hence, the writ petition may be closed with liberty to the petitioner to approach the authority concerned for any other relief.

5.Granting such liberty to the petitioner, this writ petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/-

Assistant Registrar(CS IX)

//True Copy//

Sub Assistant Registrar

av

To

The President,

Panchayat Board, Panaiyur, Thiruthuraipoondi Taluk,

Tiruvarur District.

The Tahsildar,

Thiruthuraipoondi Taluk, Tahildar Office,

Thiruthuraipoondi,

Tiruvarur District.

https://hcservices.ecourts.gov.in/hcservices/

The Block Development Officer, Panchayat Union Office, Thiruthuraipoondi, Tiruvarur District.

+2cc to Mr.B.Ramamoorthy, Advocate Sr.23281

+1cc to the Government Pleader Sr.23121

W.P.No.12295 of 2020 and W.M.P.Nos.15097 & 22940 of 2020

sr-II[co] srg 19/07/2021

https://hcservices.ecourts.gov.in/hcservices/

R. Mahadevan

CNR

HCMA010799252020

Topic

Writ and Judicial Review

Bench

Disposal

DISPOSED OF

P.Kiranraj Bafna Vs The District Registrar

19 Nov 2020

Mr.P.Kiranraj Bafna, Vs The District Registrar

19 Nov 2020