Jayinulbudeen v. the Assistant Engineer
Case brief
What is this about?
The court dismissed a writ petition seeking quashing of an order as infructuous since the respondent had already removed the encroachment.
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.14723 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2021 CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P(MD)No.14723 of 2021 and W.M.P.(MD)No.11652 of 2021
Jayinulabudeen
... Petitioner
Vs.
The Assistant Engineer, PWD Department, Kallanai Canal Division, Kdayathi-614 628, Orathanadu Taluk, Thanjavur District.
... Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Certiorari, calling for the records of the respondent's impugned order, dated 05.08.2021 and quash the same as illegal.
For Petitioner : Mr.B.Anandan For Respondent : Mr.B.Saravanan Government Advocate
ORDER
(Order of this Court was made by M.DURAISWAMY,J.)
When the writ petition is taken up for hearing, Mr.B.Saravanan, learned Government Advocate appearing for the respondent and Mr.B.Anandan, learned Counsel appearing for the petitioner submitted that the prayer sought for in the writ petition has become infructuous, for the reason that the respondent had already removed the encroachment.
2.Recording the submission made by the learned Counsel appearing on either side, the Writ Petition is dismissed as infructuous. No costs. Consequently, the connected Miscellaneous Petition is also dismissed.
Sd/-
Assistant Registrar (CS II)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
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W.P(MD)No.14723 of 2021
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To
The Assistant Engineer, PWD Department, Kallanai Canal Division, Kdayathi-614 628, Orathanadu Taluk, Thanjavur District.
+1 CC to M/s.The Special Government Pleader ( SR-27613[F] dated 31/08/2021 )
W.P(MD)No.14723 of 2021 26.08.2021
RS (06.09.2021) 2P 3C
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Jayinulabudeen
The Assistant Engineer, PWD Department, Kallanai Canal Division
M.DURASWAMY
K.MURALI SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court