Petitioner died during pendency of writ petition seeking writ of Mandamus to remove illegal encroachment on public pathway. Court disposed of petition without exercising jurisdiction on merits due to death of petitioner.
Disposed without examining merits; no order as to costs.
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W.P.(MD) No.1630 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE AND
The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.(MD) No.1630 of 2020
N.P.V.Narasimman
... Petitioner
vs.
1)The District Collector, Dindigul.
3)The Tahsildar, Kodaikanal, Dindigul District.
4)R.Velavan
... Respondents
Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to consider the petitioner's representation on 06.07.2019 and directing the respondents 1 to 3 to remove the illegal encroachment made by the 4th respondent by way of digging the pit in the depth of 12 feet on the public pathway in Survey No.600/14 in the western side situated at Kilakuchettiapatti Village, Kodaikanal Taluk, Dindigul District.
For Petitioner : Mr.J.Mathesh For R1 to R3 : Mr.B.Saravanan Government Advocate
ORDER
[Order of the Court was made by The Hon'ble Chief Justice ] Advocate formally representing the petitioner says that the petitioner has died.
2.In such view of the matter, nothing remains of the writ petition which has been filed in public interest.
3.W.P(MD)No.1630 of 2020 is disposed of. It is made clear that the issue pertaining to the alleged encroachment raised in the petition has not been gone into.
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W.P.(MD) No.1630 of 2020
4.There will be no order as to costs.
Sd/Assistant Registrar (W) // True Copy //
/ /2021 Sub Assistant Registrar(CS)
bala To 1)The District Collector, Dindigul. 2)The Revenue Divisional Officer, Kodaikanal, Dindigul District. 3)The Tahsildar, Kodaikanal, Dindigul District. +1 CC to M/s.SPL GP (SR-27038[F] dated 24/08/2021) W.P(MD)No.1630 of 2020 DATED : 23.08.2021 GC(01.09.2021)/2P/5C
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1 issue framed by the court
Whether the writ petition is maintainable after the death of the petitioner.
1 provisions across 1 enactments
N.P.V. Narasimman
The District Collector, Dindigul
The Revenue Divisional Officer, Kodaikanal
The Tahsildar, Kodaikanal
R.Velavan
Sanjeev Banerjee
M. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
