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Madras High CourtWP/35290/2012dismissed as infructuous

K.Ramasamy, v. The Chief Secretary,

2022-03-18Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2022

CORAM:

THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P. Nos.35290 of 2012 and 29878 of 2014

1. K. Ramasamy

2. P.Veerasamy

3. S. Mohanadass

4. M.Selvarasu

5. K. Marimuthu

6. M. Packirisamy

7. V. Santhi

8. R. Packirisamy

9. P. Kaliyaperumal

10. P.Thangarasu

11. R. Balakrishnan

12. J. Kaladevi

13. T. Lakshmanan

14. S. Sivaperumal

15. P. Thangavelu

16. G. Packirisamy

17. R. Kumar

18. T. Ravi

19. R. Kalidass

20. S. Packirisamy

21. G. Kaliyammal

22. R. Jayageetham

23. Thamilmani

24. R. Kilaspathi 25.A. Atchiammal

26. G. Ponnusamy

27. A. Dhinakaran

28. K.Susila

29. Irudayamary

30. R. Subramanian

31. K.Kathaperumal

32. V. Mohanakannan

33. T. Sukumar

34. K. Saravanan

35. T. Sureshkumar

36. V. Ramamoorthy

37. S. Manivannan

38. K.Kanagam

39. S. Savithiri

40. R.Dhanalakshmi

41. M.Sowrirasu

42. R. Manickam

43. V. Govindasamy

44. M.Krishnan

45. M.Aboorvamary

46. S. Jayakodi

47. K.Kaliyaperumal

48. K.Ragini

49. S. Mathivannan

50. R. Balakrishnan

51. R. Jagathesan .. Petitioners in W.P. No.35290 of 2012 S. Jayakodi .. Petitioner in W.P. No.29878 of 2014

Versus

1. The Chief Secretary, Puducherry Government, Puducherry.

2. The Additional Secretary to Government Revenue Department, Puducherry.

3. The Commissioner, Hindu Religious and Charitable Endowments Department Puducherry Government Puducherry.

4. The District Collector,

5. The Executive Officer,

6. The Deputy Collector (Revenue) Karaikal, Puducherry State ... Respondents in W.P. No.35290 of 2012

1. The District Collector,

2. The Executive Officer,

3. The Deputy Collector (Revenue) Karaikal, Puducherry State ... Respondents in W.P. No.29878 of 2014 Prayer in W.P. No.35290 of 2012:

Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorari, calling for the entire records relating to the award proceedings of the 6th respondent in Award No.10578/B1/2005, dated 29.09.2010 and quash the same insofar relates to land situated in S. Nos. 54/10/B, 54/18, 54/19/B, 54/8/A, 54/8/B, 54/8/C and 54/8E, Poomangalam Village, Kizhavoor Revenue Village, Tirunallar Taluk, Karaikal District, Puducherry State. Prayer in W.P. No.29878 of 2014:

Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus forbearing the respondents from preventing the petitioner to construct the house in the petitioner's land situated in Door No.3/2, Poomangalam Village, Tirunallar, Karaikal District, Puducherry State.

For Petitioners in both W.P.s : Mr.C. Prakasam For Respondents in both W.P.s : Mr.J. Kumaran AGP (Pondy) COMMON ORDER Since the issue involved in both these writ petitions is one and the same, these writ petitions are disposed of by way of a common order.

2. When the writ petitions are taken up for hearing, the learned Additional Government Pleader fairly submitted that during the pendency of these writ petitions, the possession of the subject lands were taken, Award was passed and the project

was also implemented. Therefore, it is submitted by the learned Additional Government Pleader that the petitioners are no longer in possession of the subject matter of the lands and the relief sought for in these writ petitions no longer survives for adjudication by this Court.

3. The learned counsel for the petitioners did not dispute the said submission made by the learned Additional Government Pleader appearing for the respondents.

4. Recording the aforesaid submissions made by learned Additional Government Pleader appearing for the respondents, these writ petitions are dismissed as having become infructutuous. However, liberty is granted to the petitioners to work out their remedy, if any, in the manner known to law for seeking compensation. No costs. Consequently, connected miscellaneous petitions, if any are closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vsi2 To

1. The Chief Secretary, Puducherry Government, Puducherry.

2. The Additional Secretary to Government Revenue Department, Puducherry.

3. The Commissioner, Hindu Religious and Charitable Endowments Department Puducherry Government Puducherry.

4. The District Collector,

5. The Executive Officer,

6. The Deputy Collector (Revenue) Karaikal,Puducherry State.

+2cc to Mr.C. Prakasam, Advocate, S.R.No.18512,18513 +1cc to the Government Pleader, S.R.No.18627, 18628 W.P. Nos.35290 of 2012 and 29878 of 2014 NK[co] NSK 11/04/2022