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Madras High CourtWP/1576/2019dismissed as infructuous

R.Dhanasekaran v. The District Collector,

2019-03-15Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2019

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.1576 of 2019 & W.M.P.No.1750 of 2019 R.Dhanasekaran ... Petitioner vs 1.The District Collector O/o. The Collectorate Namakkal District.

2.The District Revenue Officer/Land Acquisition Officer District Collector Office Compound Namakkal.

3.The Divisional Engineer Namakkal District.

4.The Assistant Divisional Engineer 5.The Assistant Engineer Pallipalayam, Namakkal District.

6.The Tahsildar (Land Acquisition) District Collector Office Campus Namakkal District.

7.The Revenue Divisional Officer O/o. The Revenue Divisional Officer ... Respondents PRAYER:

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus forbearing the respondents from acquiring the petitioner's property comprised in Kokkarayanpettai, Pappampalayam Village, S.No.203/2AI, D.No.4/171, Patta No.113, admeasuring to an extent of 1140 sq. ft without due process of law, on the basis of my representation dated 20.12.2018.

For Petitioner : Mr.Viswanathan .S For Respondents: Mr.D.Raja, Additional Government Pleader

O R D E R

This writ petition has been filed by the petitioner forbearing the respondents from acquiring the petitioner's property comprised in Kokkarayanpettai, Pappampalayam Village, S.No.203/2AI, D.No.4/171, Patta No.113, admeasuring to an extent of 1140 sq. ft without due process of law, on the basis of my representation dated 20.12.2018.

2.According to the respondents, they considered the petitioner's representation dated 20.12.2018 and replied by letter in F/vz;/8_2019_c_ehs;.14.02.2019 issued by the fourth respondent/Assistant Divisional Engineer, Highways Department, wherein it was clearly stated that the subject matter of the land was measured by the department and further action will be taken for removal of encroachment, if any, in accordance with law.

3. In view of the aforesaid statement of the learned Additional Government Pleader, nothing survives for further adjudication in this writ petition. Accordingly, the writ petition is dismissed as infructuous. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar nl To 1.The District Collector O/o. The Collectorate, Namakkal District.

2.The District Revenue Officer/Land Acquisition Officer District Collector Office Compound, Namakkal. 3.The Divisional Engineer Tamilnadu State Highways Department, Namakkal District. 4.The Assistant Divisional Engineer

5.The Assistant Engineer Pallipalayam, Namakkal District.

6.The Tahsildar (Land Acquisition) District Collector Office Campus Namakkal District.

7.The Revenue Divisional Officer O/o. The Revenue Divisional Officer +1cc to Mr.S.Viswanathan, Advocate, S.R.No. 24651 +1cc to the Government Pleader, S.R.No. 25678 W.P.No.1576 of 2019 & W.M.P.No.1750 of 2019 SSI(CO) GN(22/04/2019)