IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.01.2017 CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P.No.28806 of 2013 S.Subburaman .. Petitioner Versus The Commissioner, Pollachi Municipality, Pollachi 642 001. .. Respondent Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of mandamus to direct the respondent to restore the water supply on the platform in front of the petitioners premises bearing door No.13, 13/1 Kottur Road, 15 and 15/1, Iman Khan Street, Pollachi.
For Petitioner : Mr.V.Raghavachari For Respondent : Mrs.Selvi George
O R D E R
The petitioner is seeking for a direction to the respondent to restore the water supply on the platform in front of the petitioner's premises bearing Door No.13, 13/1 Kottur Road, 15 and 15/1, Iman Khan Street, Pollachi.
2. The learned counsel for the petitioner has further submitted that without prejudice to the right, the petitioner has deposited a sum of Rs.3 lakhs to the respondent-municipality.
3. The learned counsel appearing for the respondent has submitted that the water supply is restored to the petitioner's premises and they have also closed down the pit dug in front of his premises.
4. In view of the fact that the water supply is restored to the petitioner's premises and the respondent had closed down the pit dug in front of the petitioner's premises, the prayer in the Writ Petition has now become infructuous. Hence, the Writ Petition is dismissed as having become infructuous. Liberty is granted to the petitioner, to approach the appropriate forum, for the refund of Rs.3 lakhs deposited to the municipality, if so advised. No costs.
18.01.2017 pvs To The Commissioner, Pollachi Municipality, Pollachi 642 001.
D. KRISHNAKUMAR, J.,
pvs W.P.No.28806 of 2013 18.01.2017 http://www.judis.nic.in