Rajendran 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.30948 of 2004 and W.P.M.P.No.37504 of 2004 Rajendran ..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, 215, Anumanthai Village, Tindivanam Taluk,

5. The Revenue Inspector, Marakkanam Pirka, .. 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 his occupation in Survey No.1 to an extent of 1.09.0 acres at 215 Anumanthai 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 submitted to the 2nd respondent on 06.08.2003. 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 No.1 to an extent of 1.09.0 acres at 215 Anumanthai 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, 215, Anumanthai Village, Tindivanam Taluk,

5. The Revenue Inspector, Marakkanam Pirka, +1cc to the Government Pleader, S.R.No.54527 W.P.No.30948 of 2004 and W.P.M.P.No.37504 of 2004 BR(CO) CS/10/09/2019