G.Thangarasu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.04.2022 Coram The Hon'ble Mr. Justice T.RAJA and The Hon'ble Mr. Justice S. SOUNTHAR W.P. No. 6700 of 2022 and W.M.P. Nos.6783 and 6784 of 2022 G.Thangarasu
...Petitioner
-vs1.The District Collector, Collectorate, Ariyalur District.
2.The Revenue Divisional Officer, Udayarpalayam Division, Ariyalur District.
3.The Tahsildar, Senthurai Taluk, Ariyalur District.
4.P.Velu
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus to call for the records relating to the impugned order dated 28.06.2021 passed by the second respondent in Na.Ka.No.A1/05/2021 and the consequential order dated 13.01.2022 made in Na.Ka.No.A1/05/2021 and to quash the same, consequently direct the third respondent to restore the land in Survey No.379/18 situated at Vanjinapuram Village, Senthurai Taluk, Ariyalur District as per original FMB. For Petitioner :
Mr.C.Prabakaran For Respondents : Mr.A.Selvendran, Spl. Govt. Pleader for R1 to R3
ORDER
[Order of the Court was made by T.RAJA, J.] Challenging the order dated 28.06.2021 passed by the second respondent and the consequential order dated 13.01.2022 and for a consequential direction to the third respondent to restore the land in Survey No.379/18 situated at Vanjinapuram Village, Senthurai Taluk, Ariyalur District as per original FMB, the present writ petition has been filed.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader for respondents 1 to 3.
3. When the matter was taken up for hearing, learned counsel for the petitioner fairly submitted that the writ petition has become infructuous since the encroachment has been removed. He has further submitted that the petitioner may be given liberty to contest the suit in O.S.No.154 of 2018 pending before the Principal District Munsif, Ariyalur.
4. Considering the submission made by the learned counsel for the petitioner, this writ petition is dismissed as having become infructuous, however, with liberty to the petitioner to contest the suit in O.S.No.154 of 2018 pending before the Principal District Munsif, Ariyalur. No costs. Consequently, connected miscellaneous petitions are closed. s/d- Assistant Registrar True Copy Sub-Assistant Registrar mmi To
1. The Principal District Munsif, Ariyalur 2.The District Collector, Collectorate, Ariyalur District.
3.The Revenue Divisional Officer, Udayarpalayam Division, Ariyalur District.
4.The Tahsildar, Senthurai Taluk, Ariyalur District.
+1 CC to The Government Pleader sr 23235 +1 CC to Mr.C.Prabakaran, Advocate sr 23170.
W.P. No. 6700 of 2022 SV(CO) SP(22/04/2022)