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Madras High CourtWP/8866/2011dismissed as infructuous

J.Duraibabu v. The District Collector

2021-08-10Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.8866 OF 2011 AND M.P.NO.2 OF 2011 J.Duraibabu ... Petitioner .Vs.

1. The District Collector,

2. The Tahsildar, Sriperumpudur Taluk,

3. The Assistant Engineer, Highways Department, Sriperumpudur Taluk,

4. The Assistant Engineer, T.N.E.B - Oragadam, Oragadam, ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, forbearing the respondents 3 and 4 from interfering with the peaceful possession and enjoyment of the petitioner's property at Old S.No.49/3, New S.No.49/1A3 as per notification of the third respondent S.No.190/28 measuring about one acre situate in Oragadam Village, Sriperumpudur Taluk, Kanchipuram District without following due process of law.

For Petitioner : Mr.R.Subramanian For Respondents : Mr.Richardson Wilson Government Advocate (for R1 to R3) : Mr.P.Gunaraj (for R4)

O R D E R

This petition has been filed seeking to forbear the respondents 3 and 4 from interfering with the peaceful possession and enjoyment of the petitioner's property at Old S.No.49/3, New S.No.49/1A3 and S.No.190/28 measuring about one acre situate in Oragadam Village, Sriperumpudur Taluk, Kanchipuram District as per notification of the third respondent, without following due process of law.

2. Subsequent to the Writ Petition, the subject property in the present Writ Petition was acquired by the respondents herein. The said acquisition proceedings was also challenged and ended in favour of the petitioner. Therefore, nothing survives in this case.

3. Accordingly, this Writ Petition is dismissed as infructuous. Consequently, the connected Miscellaneous Petition is closed. No costs.

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

1. The District Collector,

2. The Tahsildar, Sriperumpudur Taluk,

3. The Assistant Engineer, Highways Department, Sriperumpudur Taluk,

4. The Assistant Engineer, T.N.E.B - Oragadam, Oragadam, W.P.NO.8866 OF 2011 KSM(CO) PBS/23/09/2021