A writ petition filed under Article 226 of the Constitution of India seeking to quash an order and direct the removal of dangerous structures was dismissed as infructuous because the petitioner had sold the disputed property.
The writ petition was dismissed as infructuous. No costs.
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W.P(MD)No.12267 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.03.2024
CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.P.(MD)No.12267 of 2021
N.Thoubeek Raja
... Petitioner
Vs.
... Respondents
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 in Na.Ka.No.1190/2021/F1 dated 28.05.2021 quash the same and consequently direct the 1st respondent to remove the dangerous structures in Door No.31-D/4 in Survey No.2168/2002 for an extent of 1104 square feet situated at Subramania Koil Street, Uthamapuram Village, Cumbum Municipality, Theni District.
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W.P(MD)No.12267 of 2021
For Petitioner : Mr.P.Arun Jayatram For R1 : M/s.K.Hema Karthikeyan For R2 : M/s.M.Maria Vinola
O R D E R
The Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the first respondent in Na.Ka.No.1190/2021/F1 dated 28.05.2021 and quash the same and consequently direct the first respondent to remove the dangerous structures in Door No.31-D/4 in Survey No.2168/2002 for an extent of 1104 sq. feet situated at Subramania Koil Street, Uthamapuram Village, Cumbum Municipality, Theni District.
counsel appearing for the writ petitioner would submit that the writ petitioner has sold the property in dispute and as such, nothing survives for further adjudication.
W.P(MD)No.12267 of 2021
infructuous. No costs.
05.03.2024
NCC :Yes/No Index :Yes/No Internet : Yes/ No csm
W.P(MD)No.12267 of 2021
K.MURALI SHANKAR, J
csm
Order made in W.P.(MD)No.12267 of 2021
Dated : 05.03.2024
1 issue framed by the court
Whether the writ petition survives further adjudication after the petitioner sold the disputed property.
N.Thoubeek Raja
The Commissioner, Cumbum Municipality
S.Ahamed-min-Hajueedeen
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
