K.Palanisamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2022 CORAM :

THE HON'BLE MR. JUSTICE M. DURAISWAMY AND THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI W.P. No.9061 of 2022 and W.M.P.No.8861 of 2022

1. K. Palanisamy

2. M.Rejendran

3. C. Dhanasekar .. Petitioners v.

1. The District Collector,

2. The Revenue Divisional Officer, Thiruchengode, Namakkal District.

3. The Block Development Officer, Kabilarmalai Block, Paramathivelur, Namakkal District.

4. The Tahsildar, Paramathivelur Taluk,

5. S. Murugaiyan

6. S.Sridharan .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner's representation dated 27.11.2021 on merits within time limit fixed by this court. For Petitioner : Mr.L.Mouli For Respondents : Mr. J. Ravindran, AAG - R1 to R4 Assisted by A.Selvendran, Spl. G.P.

O R D E R

(Order of the Court made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition as a Public Interest Litigation to issue a Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner's representation dated 27.11.2021, within a time frame.

2. It is the case of the petitioner that the respondents 5 and 6 have encroached the land in S.F.No.1336B/2 in Kurumbala Mahadevi Village, Paramathivelur Taluk, Namakkal District, which is classified as poramboke land.

3. When the Writ Petition is taken up for hearing, Mr.L.Mouli, learned counsel appearing for the petitioner and Mr.J.Ravindran, learned Additional Advocate General, appearing for the official respondents submitted that Kurumbala Mahadevi Village Panchayat had already issued notice for removing the encroachment made by the respondents 5 and 6 and the respondents 5 and 6 have filed a Writ Petition in W.P.No.21874 of 2021, challenging the action taken by the Panchayat. Further, the learned counsel on either side submitted that this court also granted interim order in favour of the respondents 5 and 6.

4. Since the Panchayat had already taken steps to remove the encroachment and the same has been challenged by the respondents 5 and 6, we are of the considered view that there will not be any purpose in keeping the Writ Petition pending. In such view of the matter, the Writ Petition stands closed. It is open to the petitioner to get himself impleaded in the pending Writ Petition in W.P.No.21874 of 2021. No costs. Consequently, the connected Miscellaneous Petition is also closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar Rj To

1. The District Collector,

2. The Revenue Divisional Officer, Thiruchengode, Namakkal District.

3. The Block Development Officer, Kabilarmalai Block, Paramathivelur, Namakkal District.

4. The Tahsildar, Paramathivelur Taluk, +1cc to Mr.L.Mouli, Advocate SR.No.25275 +1cc to the Government Pleader, SR.No.25493, 25303 W.P. No.9061 of 2022 and W.M.P.No.8861 of 2022 PMK(CO) CB(22/04/2022)