The Madras High Court dismissed a writ petition filed by Rajendran seeking removal of a shop seal. The court held the petition infructuous as the petitioner died in 2020 and a third party now possessed the property, leaving no case for adjudication.
The writ petition is dismissed as infructuous.
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.17000 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.04.2024
CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.P.(MD)No.17000 of 2017
Rajendran
... Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to remove the seal affixed by the third respondent in the presence of the second respondent in the shop of the petitioner bearing Door No.3/70, Kamarajar Road, Pappampatti, Palani Taluk, Dindigul District by considering the representation dated 07.08.2017.
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W.P(MD)No.17000 of 2017
For Petitioner : Mr.A.Mohamed Haneef
For Respondents : Mr.A.K.Manikkam Special Government Pleader
O R D E R
The Writ Petition has been filed seeking orders to direct the respondents to remove the seal affixed by the third respondent in the presence of the second respondent in the shop of the writ petitioner bearing Door No.3/70, Kamarajar Road, Pappampatti, Palani Taluk, Dindigul District by considering the writ petitioner's representation dated 07.08.2017.
counsel appearing for the writ petitioner would submit that he has no 2/4
W.P(MD)No.17000 of 2017
instructions. The learned Special Government Pleader appearing for the respondents has produced the copy of the death certificate of the writ petitioner, wherein, it is evident that the writ petitioner died on 16.10.2020.
17.04.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To 1. The District Collector, Dindigul District. 2. The Sub-Collector, Palani, Dindigul District. 3. The Inspector of Police, Palani Taluk Police Station, Dindigul District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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W.P(MD)No.17000 of 2017
K.MURALI SHANKAR, J
csm
Order made in W.P.(MD)No.17000 of 2017
Dated : 17.04.2024
3 issues framed by the court
Whether the writ petition seeking removal of a shop seal survives given the petitioner's death and third-party possession.
Whether the petition is maintainable when a third party is in possession of the disputed property.
Whether the petition is infructuous due to the petitioner's demise.
1 provisions across 1 enactments
Rajendran
The District Collector, Dindigul District
The Sub-Collector, Palani, Dindigul District
The Inspector of Police, Palani Taluk Police Station, Dindigul District
K.MURALI SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
