Ex.Servicemen Residential v. The State Of Tamil

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.NO.17175 OF 2015 AND W.M.P.NO.1 OF 2015 Ex-Servicemen Residential Association, No.8, V.O.C. Street, Sasti Nagar, Pattabiram, Chennai - 600 072.

Represented by its President, Mrs.R.Mangayarkarasi.

... Petitioner -vs1. The State of Tamil Nadu, Represented by its Secretary to Revenue Department, Secretariat Office, Fort St.George, Chennai - 600 009.

2. The District Collector of Tiruvallur, Collectorate Office, Tiruvallur, Tiruvallur District.

3. The District Revenue Officer, District Collectorate Office, Tiruvallur, Tiruvallur Taluk and District.

4. The Tahsildar of Tiruvallur, Tiruvallur Taluk, Tiruvallur District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus to call for the records of the first respondent made in his proceedings in Letter No. 9248/Ni.Mu.1 (1)/08-13 dated 08.01.2015 and consequential third respondent proceedings in Pa.Mu.36161/2007/N1 dated 11.02.2015 and quash the same as void and illegal and consequently an order of mandamus directing the respondents herein to issue assignment order allotting house sites to the petitioner's members, numbering 306 members, each 5 1⁄2 cents in the land comprised in Survey No.850/1 and subdivided survey in Survey No.850/3 of Pakkam Village, Tiruvallur Taluk and District and also issue

patta for each of them.

For Petitioner : Mr.A.Arumugam For Respondents : Mr.Richardson Wilson Counsel for Government

O R D E R

The prayer sought for herein is for a Writ of Certiorarified Mandamus to call for the records of the first respondent made in his proceedings in Letter No.9248/Ni.Mu.1(1)/08-13 dated 08.01.2015 and consequential third respondent proceedings in Pa.Mu.36161/2007/N1 dated 11.02.2015 and quash the same as void and illegal and consequently an order of mandamus directing the respondents herein to issue assignment order allotting house sites to the petitioner's members, numbering 306 members, each 5 1⁄2 cents in the land comprised in Survey No.850/1 and subdivided survey in Survey No.850/3 of Pakkam Village, Tiruvallur Taluk and District and also issue patta for each of them.

2. Though such a prayer is sought for, when the case is taken up for hearing, Mr.A.Arumugam, learned counsel appearing for the petitioner, on instructions, would submit that, the prayer sought for in this Writ Petition has already been accomplished by the petitioner and in this regard, written communication has been received. Therefore, virtually nothing survives in the Writ Petition for further persuasion. Recording the same, this Writ Petition can be disposed of, he contended.

3. The said submissions made by the learned counsel appearing for the petitioner has been endorsed by Mr.Richardson Wilson, learned counsel for the Government on instructions.

4. Taking into account of the said submission made by the learned counsel appearing for both sides and since the prayer sought for has already been accomplished by the petitioner, recording the same, the present Writ Petition is dismissed as no further orders is required to be passed. Consequently, connected Miscellaneous Petition is closed. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar vji

To

1. The Secretary to Revenue Department, The Secretariat Office, Fort St.George, Chennai - 600 009.

2. The District Collector of Tiruvallur, The Collectorate Office, Tiruvallur, Tiruvallur District.

3. The District Revenue Officer, The District Collectorate Office, Tiruvallur, Tiruvallur Taluk and District.

4. The Tahsildar of Tiruvallur, Tiruvallur Taluk, Tiruvallur District.

+1cc to Mr.A.Arumugam, Advocate, S.R.No.36098 +1cc to the Government Pleader, S.R.No.36275 W.P.NO.17175 OF 2015 AND W.M.P.NO.1 OF 2015 AK-II(CO) PBS/11/08/2021