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Madras High CourtWP/22078/2009dismissed as infructuous

A.Poongundran v. The District Collector

2019-06-17Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.06.2019

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.22078 of 2009 and M.P.No.1 of 2009 A.Poongundran ... Petitioner Vs.

1. The District Collector, Nagapattinam District, Nagapattinam.

2. The Tahsildar, Vedaranyam Taluk, Nagapattinam District.

3. The Superintendent Engineer, Highways Department, Nagpattinam, Nagapattinam District.

4. The Assistant Engineer, Highways Department, Vedaranyam, Nagapattinam District.

... Respondents Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, forbearing the respondents from evicting the petitioner from the premises bearing door No.4/311, comprised in Survey No.113, Ayyakkaranpulam III - Village, Vedaranyam Taluk, Nagapattinam District without following the procedures under the Tamil Nadu Land Encroachment Act, 1905. For Petitioner : Mr.V.Kasinathabharathi For Respondents : Mr.A.N.Thambidurai Special Government Pleader

O R D E R

The prayer in the Writ Petition is to issue a Writ of Mandamus forbearing the respondents from evicting the petitioner from the premises bearing door No.4/311, https://hcservices.ecourts.gov.in/hcservices/

comprised in Survey No.113, Ayyakkaranpulam III -Village Vedaranyam Taluk, Nagapattinam District.

2. Heard, Mr.V.Kasinathabharathi, learned counsel appearing for the petitioner and Mr.A.N.Thambidurai, learned Special Government Pleader appearing on behalf of the respondents.

3. The learned Special Government Pleader appearing for the respondents by producing a letter of the Assistant Engineer, Highways Department, Vedaranyam, Nagapattinam District would state that the encroachment was already removed in the year 2010 itself. The said letter is taken on file.

4. In the light of the above submission and the letter produced by the learned Special Government Pleader, this writ petition is dismissed as having become infructuous. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar dh To

1. The District Collector, Nagapattinam District, Nagapattinam.

2. The Tahsildar, Vedaranyam Taluk, Nagapattinam District.

3. The Superintendent Engineer, Highways Department, Nagpattinam, Nagapattinam District.

4. The Assistant Engineer, Highways Department, Vedaranyam, Nagapattinam District.

+1 cc to Government Pleader Sr.No. 49475 W.P.No.22078 of 2009 A.SK(09/10/2019) https://hcservices.ecourts.gov.in/hcservices/