Jose, v. The Special Commissioner And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2019 CORAM :

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.38849 of 2005 and W.M.P.No.41603 of 2005 Jose ... Petitioner v.

1 The Special Commissioner and Commissioner of Land Administration, Chepauk, Chennai - 600 005.

2 The District Collector of Nilgiris, Udhagamandalam, The Nilgiris District.

3. The Tahsildar, Guddalore Taluk, The Nilgiris District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari, to call for the records of 1st respondent dated 21.10.2005 in R.C.No.T1/35790/2005 and quash the same.

For Petitioners : Mr. S.Gunasekaran For Respondents : Mr. V.Jayaprakash Narayanan Govt. Pleader (i/c)

O R D E R

(Order of the Court was made by M.DURAISWAMY, J.) The petitioner has filed the above Writ Petition to issue a Certiorari to call for the records of 1st respondent dated 21.10.2005 and to quash the same. https://hcservices.ecourts.gov.in/hcservices/

2. By the impugned order dated 21.10.2005, the Revision Petition filed by the petitioner challenging the eviction was dismissed by the 1st respondent. As against that, the petitioner has filed the above Writ Petition.

3. The 2nd respondent filed a counter wherein in paragraph No.6, he has stated that the encroachment of the petitioner was evicted on 07.04.2005 and the land in question was taken into the control of the Revenue Department.

4. The learned counsel appearing for the petitioner submitted that in view of the specific averment stated by the 2nd respondent-the District Collector, to the effect that the petitioner was evicted from the land in dispute on 07.04.2005 itself, the same may be recorded and the Writ Petition may be dismissed.

5. In view of the submissions made by the learned counsel on either side, recording the averments stated in the counter affidavit filed by the 2nd respondent, the Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Rj To 1 The Special Commissioner and Commissioner of Land Administration, Chepauk, Chennai - 600 005.

2 The District Collector of Nilgiris, Udhagamandalam, The Nilgiris District.

3. The Tahsildar, Guddalore Taluk, The Nilgiris District.

+1cc to Mr.S.Gunaseelan, Advocate Sr.45735 +1cc to the Government Pleader Sr.46222 W.P. No.38849 of 2005 and W.M.P.No.41603 of 2005 vba[co] srg 04/07/2019 https://hcservices.ecourts.gov.in/hcservices/