1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.07.2009 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MR.JUSTICE.D.HARIPARANTHAMAN W.A.(MD)No.363 of 2009 and M.P(MD).No.2 of 2009 M.Ingaci ... Appellant Vs. 1)T.Ramasamy. 2)The Sub-Collector, Sivagangai District, Sivagangai. 3)The Commissioner, Devakottai Municipality, Devakottai,Sivagangai District. 4)The Revenue Divisional Officer, Devakottai,Sivagangai District. 5)The Deputy Director of Health Services, Sivagangai District. ... Respondents Writ Appeal filed under Section 15 of the Letters Patent against the order dated 06.11.2008 made in W.P.(MD).No.9066 of 2008 directing the respondents 1 and 4 to implement the directions of the 4th respondent dated 2.2.06 and consequential notice of the first respondent dated 25.2.08 in accordance with Public Health Act. For Appellant :Mr.T.C.S.Thillai Nayagam For R.1 :Mr.Anandkumar For R.2,4 & 5 :Mr.D.Sasikumar, Govt.Advocate For R.3 :Mr.M.C.Swamy J U D G M E N T (Judgment of the Court was delivered by V.RAMASUBRAMANIAN,J.) The Writ Appeal arises out of an order passed by the learned Judge, on 06.11.2008, directing the Sub-Collector to consider a representation sent by the first respondent herein and to pass appropriate orders in accordance with law. 2. Heard, Mr.T.C.S.Thillai Nayagam, the learned counsel appearing for the appellant, Mr.Anandkumar, the learned counsel for https://hcservices.ecourts.gov.in/hcservices/ 2 the first respondent, Mr.D.Sasikumar, the learned Government Advocate for the respondents 2,4 and 5 and Mr.M.C.Swamy, the learned counsel for the third respondent. 3. The first respondent herein filed a Writ Petition in W.P.(MD).No.9066 of 2008 seeking a Mandamus to direct the respondents 2 to 5 herein to implement the directions of the Deputy Director of Health Services in accordance with the Public Health Act. Though the appellant herein was cited as the 5th respondent in the Writ Petition, the Writ Petition was disposed of at the stage of admission by an order, dated 06.11.2008, with the following direction:- “The first respondent /Sub-Collector shall do well to see that he is considering the representation of the petitioner dated 09.10.2006, purely on merits as per law and passing suitable orders within a period of six weeks from the date of receipt of a copy of this order after giving opportunity to the petitioner as well as to the fifth respondent.” 4. On the ground that he was not heard and no notice was issued before the above order was passed, the appellant has come up with the present appeal. 5. Mr.M.C.Swamy, the learned counsel for the third respondent Municipality submitted that subsequent events have actually over taken the order passed in the Writ Petition. In pursuance of the order passed in the Writ Petition, the third respondent issued a closure notice relating to one door of the cement godown and the appellant has filed a Writ Petition in W.P.(MD). No.4214 of 2009 and also got an interim stay of the closure notice. 6. In view of the aforesaid development, nothing survives virtually in the Writ Appeal. Therefore, this Writ Appeal is closed. However, it is made clear that the appellant will be at liberty to agitate all the issues in the Writ Petition filed against the closure notice relating to one door of the cement godown. Consequently, connected M.P. is closed. No costs. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To 1)The Sub-Collector, Sivagangai District,Sivagangai. 2)The Commissioner, Devakottai Municipality,Devakottai, Sivagangai District. 3)The Revenue Divisional Officer, Devakottai, Sivagangai District. 4)The Deputy Director of Health Services,Sivagangai District. Ssm ssk/04.08.2009 /5c-2p/- W.A.(MD)No.363 of 2009 24.07.2009 https://hcservices.ecourts.gov.in/hcservices/