A writ petition under Article 226 was filed seeking directions to remove illegal encroachments in a public pathway. The court held the petition infructuous as the concerned authorities had already considered the petitioner's representation.
The Writ Petition is dismissed as the prayer has become infructuous since the representation was already considered.
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.8440 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P.(MD).No.8440 of 2021 and W.M.P.(MD).No.8612 of 2021
Kamitha Beevi
... Petitioner
Vs.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents 1 to 4 to take immediate https://www.mhc.tn.gov.in/judis
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W.P.(MD).No.8440 of 2021
action for removal of the illegal encroachments made by the respondents 5 to 7 in the public pathway in Old Survey No.35/1, New Survey Nos.35/17, 35/18 and 35/19, situated at Keela Mudhukulathur, Ramanathapuram District by considering the petitioner's representation dated 08.04.2021, within the time stipulated by this Court.
For Petitioner : Mr.V.Meenakshi Sundaram for Mr.A.Arputharaj For R-1 to R-3 : Mr.S.R.A.Ramachandran Additional Government Pleader For R-4 : Mr.A.K.Manikkam For R-5 to R-7 : Mr.P.Santhanakrishnan
ORDER
(Order of the Court was made by M.S.RAMESH,J.)
The prayer sought for in the present Writ Petition has become infructuous, since the petitioner's representation has already been considered by the official respondents on 15.06.2021. Hence, the Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.
(M.S.R.,J.) (A.D.M.C.,J.) 17.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
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W.P.(MD).No.8440 of 2021
To
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W.P.(MD).No.8440 of 2021
M.S.RAMESH,J. and A.D.MARIA CLETE,J.
Lm
W.P.(MD).No.8440 of 2021
17.12.2024
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1 issue framed by the court
Whether the Writ Petition filed under Article 226 for removal of illegal encroachments was maintainable given that the petitioner's representation had already been considered by the official responden
1 provisions across 1 enactments
Kamitha Beevi
The District Collector, Ramanathapuram District, Ramanathapuram
The Assistant Director of Town Panchayat, Sivagangai Zone, Sivagangai
The Tahsildar, Mudhukulathur Taluk, Ramanathapuram District
The Executive Officer, Town Panchayat Office, Mudhukulathur, Ramanathapuram District
Jahir Husain
M.S.RAMESH
A.D.MARIA CLETE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
