P.Ganesan v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No. 11230 of 2015 P. Ganesan .. Petitioner vs.

1 The District Collector, Villupuram District, Villupuram.

2 The Revenue Divisional Officer, 3 The Tahsildar, 4 Kandasamy, S/o.Poomalai, Perumangalam Village, Kallakurichi Taluk, Villupuram District 5 P.Chinnasamy, S/o.Poomalai Konar, Nallasevipuram Village, Kallakurichi Taluk, Villupuram District.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 3 to remove the encroachments in the water bodies (Eri-Vaikkal) bearing S.Nos.34/2-I and 2-J in Perumangalam Village, Kallakurichi Taluk, Villupuram District under the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 or any other law time being in force by considering the petitioner's representation dated 10.2.2014.

For petitioner : Mr. N. Manokaran For respondents : Mr.P.S.Sivashanmugasundaram Spl. Govt. Pleader - R1 to R3

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) The petitioner, claiming to be a resident of Perumangalam Village, Kallakurichi Taluk, has come up with the instant writ petition seeking a direction to the respondents 1 to 3 to remove the encroachment in the water bodies (Eri-Vaikkal) bearing S.Nos.34/2-I and 2-J in Perumangalam Village, Kallakurichi Taluk, Villupuram District.

2. Pursuant to the notice dated 17.04.2015 of this Court, the third respondent, viz., The Tahsildar, Kallakurichi Taluk, Villupuram District, had filed an affidavit dated 12.06.2015 stating as under:- " As per the Circular of the Commissioner, Land Administration, Chepauk, Chennai -5 has been followed by the respondents 1 to 3 by strictly. The encroachment in S.No. 34/2-I and 2-J by respondents 4 and 5 had already been removed by the respondents 1 to 3 on 03.06.2015." Photographs have also been produced to the above effect and the same are taken on record.

3. In such view of the matter, it appears that the encroachment has already been removed, to which, the learned counsel for the petitioner also concurs. Thus, nothing remains for adjudication in this writ petition, at this stage. Hence, this writ petition is closed. No costs.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar ra To 1 The District Collector, Villupuram District, Villupuram.

2 The Revenue Divisional Officer,

3 The Tahsildar, 1 cc to Mr. N. Manokaran , Advocate Sr.No.29215 1 cc to Government Pleader Sr.No.29107 W.P. No.11230 of 2015 svi(co) pmk.24.6.2015