Writ petition seeking certiorari and quashing of an order regarding statutory erection permission was dismissed as infructuous on the submission that the issue became academic since the petitioner had no need to obtain permission as the land was its patta land.
No relief granted. Writ petition dismissed as infructuous.
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W.P.(MD)No.18761 of 2017 and
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2021 CORAM
THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P.(MD)No.18761 of 2017 and WMP(MD) No.15137 of 2017
Vivekananda Educational Society,
Rep by the Secretary, Agasteewaram, Kanyakumari District. ... Petitioner
Vs.
1.The Superintendent of Police, Nagercoil, Kanyakumari District.
2.The Deputy Superintendent of Police, O/o The Deputy Superintendent of Police, Kanyakumari Sub Division, Kanyakumari District.
3.The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.
4.Agasteeswaram Town Panchayat,
Rep by the Executive Officer/Special Officer,
Agasteeswaram, Kanyakumari District. ...Respondents
PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records pertaining to the impugned order in Na.Ka.No.121/Ka.Thu.Ka./Ka.Ku/2017 dated 06.10.2017, on the file of the respondent No.3 and quash the same as illegal.
For Petiti oner: Mr.I.Robert Chandrakumar for Mr.G.Prabhu Rajadurai
For R1 to R3 : Mr.M.Ganesan Government Advocate
O R D E R
Heard the learned counsel for the Writ Petitioner and the learned Government Advocate for the respondents 1 to 3.
2.According to the learned counsel for the petitioner, a Statue has been erected in the premises of Vivekananda Educational https://hcservices.ecourts.gov.in/hcservices/ Society situated at Agasteeswaram, Kanyakumari District, which is
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W.P.(MD)No.18761 of 2017 and
a patta land and no permission is required to be passed by the authority for such erection. However, an erroneous orders have been passed. Challenging the same, the Writ Petition has been filed.
3.When the matter is taken up for hearing today, it is submitted by the learned counsel for the petitioner that the statue has been erected only in the petitioner's patta land and there is no need to obtain any permission from the authorities and the matter has become infructuous.
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
vrn To
1.The Superintendent of Police, Nagercoil, Kanyakumari District.
2.The Deputy Superintendent of Police,
O/o The Deputy Superintendent of Police, Kanyakumari Sub Division, Kanyakumari District.
3.The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.
+1 CC to Mr.G.PRABHU RAJADURAI, Advocate ( SR-5725[F] dated 17/02/2021 )
Order made in W.P.(MD)No.18761 of 2017 and WMP(MD) No.15137 of 2017 16.02.2021
KM (26.02.2021) 2P 5C
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Vivekananda Educational Society
Superintendent of Police, Nagercoil
Deputy Superintendent of Police, Kanyakumari Sub Division
Inspector of Police, Kanyakumari Police Station
Agasteeswaram Town Panchayat
G. ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
