Alfred Chinnappan v. The Govt Of Tamilnadu, Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2019

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.30946 of 2004 and W.P.M.P.No.37502 of 2004 Alfred Chinnappan ..Petitioner Vs

1. The Government of Tamil Nadu, rep.by its Secretary, Fisheries Department, Fort St.George, Chennai - 600 009.

2. The District Collector,

3. The Tahsildar Office of the Tahsildar, Tindivanam,

4. The Village Administrative Officer, Kandadu (East), Tindivanam Taluk,

5. The Revenue Inspector, Marakkanam Pirka, Villupuram.

.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India seeking for a Writ of Certiorarified Mandamus, to call for the records of the impugned notice issued under Section 6 of the Tamil Nadu Land Encroachment Act 1905 on 12.09.2004 by the Tahsildar, Tindivanam the 3rd respondent herein quash the same and direct the respondents 2, 3 and 5 i.e., the District Collector, Villupuram, the Tahsildar, Tindivanam, The Revenue Inspector, Marakkanam, or their subordinates not to take any coercive steps to evict the petitioner from the land under the petitioner's occupation in Survey Nos.502/4, 504/3, 503/7 to an extent of 0.76.0 cents at 209, Kandadau Village, Tindivanam

Taluk, Villupuram District and grant lease in favour of the petitioner in respect of the aforesaid land on the basis of the petitioner's application on 06.08.2003 submitted to the 2nd respondent.

For Petitioner : Mr.K.Balakrishnan For Respondents : Mrs.P.Rajalakshmi Additional Government Pleader

ORDER

Heard Mr.K.Balakrishnan, learned counsel for the petitioner and Mrs.P.Rajalakshmi, learned Additional Government Pleader for the respondents.

2. The prayer sought for in this writ petition is to issue a writ of certiorarified mandamus to quash the order of the third respondent dated 12.09.2004, in and by which, the petitioner was directed to evict from his occupation from the land in Survey Nos.502/4, 504/3, 503/7 to an extent of 0.76.0 cents at 209, Kandadau Village, Tindivanam Taluk, Villupuram District.

3. The learned counsel for the petitioner submitted that the petitioner was already evicted, pursuant to the order impugned in this writ petition.

4. In the light of the above submission made by the learned counsel for the petitioner, the writ petition is dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petition is closed.

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

1. The Secretary, The Government of Tamil Nadu, Fisheries Department, Fort St.George, Chennai - 600 009.

2. The District Collector,

3. The Tahsildar Office of the Tahsildar, Tindivanam,

4. The Village Administrative Officer, Kandadu (East), Tindivanam Taluk,

5. The Revenue Inspector, Marakkanam Pirka, Villupuram.

+1cc to the Government Pleader, S.R.No.54527 W.P.No.30946 of 2004 and W.P.M.P.No.37502 of 2004 BR(CO) CS/10/09/2019