Court dismissed the writ petition for being infructuous as the tin shed fencing, which was the subject of the impugned order, had been removed by the petitioner before the hearing, rendering the prayer moot.
Writ Petition and connected Miscellaneous Petitions dismissed as infructuous with no costs awarded.
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2021 CORAM: THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P(MD)NO.13499 OF 2021 and W.M.P(MD)Nos.10453 and 10455 of 2021
N.Manikandan
...Petitioner
.vs.
The Commissioner of Corporation, Madurai Corporation, Madurai.
...Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order, dated 20.7.2021 passed by the respondent and to quash the same and consequently to direct the respondent not to remove the tin shed fencing put up by the Petitioner in his property with an extent of 1656 sq.ft in T.S.No.6/29, Block No.15, Survey Ward No.VA, Madurai Corporation.
O R D E R
[Order of the Court was made by M.DURAISWAMY.,J. ]
When the matter is taken up for hearing, the learned counsel appearing on either side submitted that the objectionable unauthorized construction put up by the Petitioner has been removed yesterday.
2.Mr.K.Navaneetha Raja, learned counsel appearing for the Petitioner submitted that it was only the Petitioner, who has removed the unauthorized construction on his own, yesterday.
3.In view of the submissions made by the learned counsel appearing on either side, the prayer sought for in the Writ https://hcservices.ecourts.gov.in/hcservices/ Petition has become infructuous. Accordingly, the Writ Petition is dismissed as infructuous. No costs. Consequently, connected
2
Miscellaneous Petitions are dismissed.
Sd/Assistant Registrar (CS III)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
vsn
Note :
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To
The Commissioner of Corporation, Madurai Corporation, Madurai.
W.P(MD)NO.13499 OF 2021 and W.M.P(MD)Nos.10453 and 10455 of 2021 18.08.2021
DJ(CO) SB(26.08.2021) 2P 2C
2 issues framed by the court
Whether the writ petition seeking quashing of an order permitting removal of a tin shed fencing remains maintainable when the construction was already removed before the hearing.
Whether the order complained of against the Corporation should be quash or dismissed as the subject matter no longer exists.
N.Manikandan
The Commissioner of Corporation, Madurai Corporation
M.Duraismwamy
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
