Petitioner filed a writ petition seeking a mandamus to remove encroachment and prevent dumping waste. Neither the petitioner nor counsel appeared for hearing on the assigned date, resulting in the non-prosecution dismissal of the writ petition.
Dismissal of W.P.(MD) No.14173 of 2018 and closure of connected W.M.P.(MD) No.12857 of 2018 for non-prosecution.
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.14173 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
AND
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.(MD)No.14173 of 2018 and
W.M.P.(MD)No.12857 of 2018
K.Periyasamy
... Petitioner
-Vs-
1.Palani Municipality,
Represented by its Executive Authority,
The Commissioner,
Palani Municipality, Palani,
Dindigul District-624 601.
Dindigul District, Dindigul.
Pollution Control Board,
Page 1 of 4
W.P.(MD) No.14173 of 2018
Plot No.44, Jeyaraj Bhavan,
9th Cross Street, Dindigul.
4.The Tahsildar,
Palani, Dindigul District.
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to vacate and remove the encroachment of 39 cents in S.No.5/1 Palani Village originally belong to the writ petitioner and preventing the respondents by an order of permanent injunction from and dumbing waste in R.S.No.5/2A in 10 acres 23 cents.
For Petitioner : No Appearance For R1 : Mr.L.P.Maurya For R2 to R4 : Mr.N.GA.Nataraj, Government Advocate
ORDER
[Order of the Court was made by R.MAHADEVAN, J.]
When the matter was taken up for hearing on 23.11.2022, none
appeared on behalf of the petitioner. Hence, this matter was directed to be posted under the caption 'for dismissal'.
Page 2 of 4
W.P.(MD) No.14173 of 2018
2.Today also, when the matter was taken up for hearing, none appeared
on behalf of the petitioner. Hence, this Court has no other option except to dismiss the Writ Petition for non-prosecution. Accordingly, this Writ Petition stands dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed.
[R.M.D., J.] & [J.S.N.P., J.]
25.11.2022
Index : Yes / No Internet : Yes / No Myr To
1.The District Collector,
Dindigul District, Dindigul.
2.Executive Engineer,
Pollution Control Board, Plot No.44, Jeyaraj Bhavan, 9th Cross Street, Dindigul.
3.The Tahsildar,
Palani, Dindigul District.
Page 3 of 4
W.P.(MD) No.14173 of 2018
R.MAHADEVAN, J. and J.SATHYA NARAYANA PRASAD, J.
Myr
W.P.(MD)No.14173 of 2018
25.11.2022
Page 4 of 4
K.Periyasamy
Palani Municipality
District Collector
Executive Engineer
Tahsildar
R.MAHADEVAN
J.SATHYA NARAYANA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
