W.P.No.35004 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2022

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN

W.P.No.35004 of 2019

and

W.M.P.No.35793 of 2019

P.Mani @ Manimaran

... Petitioner

Vs.

1. The Secretary to Government,

Municipal Administration and

Water Supply Department,

Secretariat,

Chennai – 600 009.

2. The Commissioner,

Greater Chennai Corporation,

Rippon Buildings,

Chennai – 600 003.

3. The Assistant Commissioner,

Zone X,

Greater Chennai Corporation,

NSK Salai, Kodambakkam,

Chennai – 600 024.

4. S.Kannan

... Respondents

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W.P.No.35004 of 2019

Prayer: Writ Petition filed under Article 226 of Constitution of India, for

issuance of a Writ of Quo Warranto to direct the fourth respondent to show

cause on what authority he holds the post of 'Member' of the Town Vending

Committee for Zone X, Greater Chennai Corporation.

For Petitioner

: M/s.J.Saravanavel

For Respondents

:

For R1

: Mrs.C.Meera Arumugam

Additional Government Pleader

For R2 & R3

: M/s.Karthika Ashok,

Standing Counsel

For R4

: M/s.N.S.Tanvi

ORDER

The learned counsel for the petitioner submits that the writ petition has

become infructuous in the light of the order passed by the Division Bench of

this Court dated 27.04.2022 in W.P.No.6799 of 2022. The learned counsel

for the fourth respondent also confirms the same and to this effect he has also

filed a counter affidavit. Paragraph 3 of the said counter affidavit reads as

under:

3. Thus, this Hon'ble Court was pleased to quash

the formation of all the Town Vending Committees of

the Chennai Corporation. I have been advised that as per

the above extracted portions of the judgement, all the

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W.P.No.35004 of 2019

Town Vending Committees have been held to be illegal.

With regard to the validity of the decisions taken by

these Town Vending Committees now held to be illegal,

from 2019 till date, the Hon'ble Court has left the issue

open to be considered with regard to the application of

the Defacto Doctrine. I have been advised that the

Defacto Doctrine holds that “the actions of officers de

facto performed by them within the scope of their

assumed official authority, in the interest of the public or

third persons and not for their own benefit, are generally

as valid and binding, as if they were the acts of officers

de jure”. This Defacto doctrine does not apply to the

present case. I have been advised that when all Town

Vending Committees have been held to be illegal, such a

finding would be squarely applicable to this factual

matrix and would thus render this writ petition

infructuous.”

2. In view of the above, this writ petition stands dismissed as

infructuous. No costs. Consequently, connected miscellaneous petition is

closed.

04.07.2022

Index : Yes/No

Internet : Yes/No

Speaking/Non-speaking Order

rgm

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W.P.No.35004 of 2019

C.SARAVANAN, J.

rgm

To

1. The Secretary to Government,

Municipal Administration and

Water Supply Department,

Secretariat,

Chennai – 600 009.

2. The Commissioner,

Greater Chennai Corporation,

Rippon Buildings,

Chennai – 600 003.

3. The Assistant Commissioner,

Zone X,

Greater Chennai Corporation,

NSK Salai, Kodambakkam,

Chennai – 600 024.

W.P.No.35004 of 2019

and

W.M.P.No.35793 of 2019

04.07.2022

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Page No. 4 of 4

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