Manickam, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.10.2020
CORAM
THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.Nos.9960 & 9961 of 2018 and W.M.P.Nos.11910 & 11911 of 2018 Manickam
...Petitioner in W.P.No.9960/2018
S.Lakshmi
...Petitioner in W.P.No.9961/2018
Vs.
1. The District Collector, Salem District - 636 001.
2. The Tahsildar, Omalur Taluk, Salem District - 636 001.
3. The Revenue Inspector, Taramangalam, Omalur Taluk, Salem District - 636 001.
...Respondents in both the W.Ps.
W.P.No.9960/2018 Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents from any manner evicting the petitioner and his family members from the premises bearing No.16/23A, kattuvalavu, 16.Periyerippatti Revenue Village, Omalur Taluk, Salem District without due process of law.
W.P.No.9961/2018 Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents from any manner evicting the petitioner and his family members from the premises bearing Kattuvalavu, 16.Periyerippatti Revenue Village, Taramangalam, Omalur Taluk, Salem District without due process of law.
For Petitioners :
Mr.Manivasagam in both WPs for M/s Manivasagam Associates For Respondents : Mr.R.Govindasamy, Special Government Pleader in both WPs C O M M O N O R D E R This matter is taken up for hearing through Video Conferencing mode.
2. In both these writ petitions, the respective petitioners sought for Mandamus directing the respondents from any manner evicting the petitioners and their family members from the premises referred to in the Writ Petition without due process of law.
3. When the matter was taken up on 23.04.2018 for admission, the learned counsel for the petitioners sought an adjournment to post the matter after vacation. Accordingly, the matter was adjourned and thereafter, the matter is listed today for further hearing.
4. It is stated by the learned counsel for the petitioners that in the meantime, the petitioners were evicted and police quarters had been constructed in the subject matter property. However, he submitted that the petitioners may be given liberty to agitate their rights available under law by separate proceedings.
5. Upon hearing the learned counsel for the petitioners and perusing the materials placed before this Court as well as the prayer sought for in these writ petitions, this Court finds that the prayer in these writ petitions has become infructuous as it is an admitted fact that these petitioners have already been evicted. However, if the petitioners have any legal rights on any other issue, it is open to them to agitate the matter by way of separate proceedings. The Writ Petitions are dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar
To
1. The District Collector, Salem District - 636 001.
2. The Tahsildar, Omalur Taluk, Salem District - 636 001.
3. The Revenue Inspector, Taramangalam, Omalur Taluk, Salem District - 636 001.
+1cc to the Special Government Pleader Sr.33314 W.P.No.9960 & 9961 of 2018 rp[co] srg 02/11/2020