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Madras High CourtWP/12349/2021dismissed for default

A.Balasubramanian v. The District Collector

2025-06-12Honourable Mr Justice M. Sundar,Honourable Mr.Justice Hemant Chandangoudar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.SUNDAR THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR A.Balasubramanian Petitioner vs.

1.

The District Collector District Collectorate Office Namakkal District The Executive Engineer (Divisional Engineer) No.5, Mohanur Road Highways Department Office Namakkal District 637 001 The Revenue Divisional Officer RDO Office Namakkal District The Executive Engineer Tamil Nadu Electricity Board Paramathi Road Krishna Complex Namakkal District-1 5.

The Tahsildar Tahsildar Office Namakkal District Page Nos.1/6

6.

The Committee Member Arulmigu Shri Varatharaja Perumal Thirukovil Ramapuramputhur, Sembali Namakkal Town, Namakkal District Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 5 to remove the encroachment made by the 6th respondent in State Highways Road in front of the agricultural land of the petitioner situate at Ward 5 in Namakkal Taluk in Survey No.211/3 and its New Survey No.211/6 to an extent of 1 acre 96 cents which lies just abutting the State Highways on western side of the North-South Kambalavai Road. For petitioner No appearance For RR1 to 5 Mr. K. Suresh Government Advocate For R6 Mr. C. Prakasam

ORDER

[made by M.SUNDAR, J.] Read this in conjunction with and in continuation of earlier proceedings made in the previous listing yesterday (11.06.2025) which reads as follows:

'W.P.No.12349 of 2021 M.SUNDAR,J., HEMANT CHANDANGOUDAR, J., Page Nos.2/6

(Order of the Court was made by M.SUNDAR, J.) There is no representation for writ petitioner either in the physical Court or on 'Video Conferencing' {'VC'} platform but Mr.C.Prakasam, learned counsel for R6 is before us. To be noted, this is a hybrid hearing, which is a daily / regular / routine in this Court.

2. However, with the intention of giving an opportunity to writ petitioner and learned counsel for writ petitioner, list tomorrow under the cause list caption 'FOR DISMISSAL'.

List on 12.06.2025.

(M.S.J.,) (H.C.J.,) 11.06.2025'

Pursuant to the aforesaid proceedings, captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] is listed today under the cause list caption 'FOR DISMISSAL'.

Mr. K. Suresh, learned Government Advocate appearing for RR 1 to 5 and Mr. C. Prakasam, learned counsel for R6 (temple), are before us but there is no representation for writ petitioner today also either in the physical Court or on the VC platform (To be noted, this is a hybrid hearing which is a regular/routine/daily feature in this Court). Page Nos.3/6

Sequitur is captioned WP is dismissed for default/non prosecution. There shall be no order as to costs. (M.S., J.) (H.C., J.) 12.06.2025 cad P.S.

Ms. S. Mahalakshmi, learned counsel on record for writ petitioner, mentioned (on the VC platform) at the end of the list and tendered apology. However, mentioning is merely noted leaving it open to the writ petitioner to file restoration.

Page Nos.4/6

To 1.

The District Collector District Collectorate Office Namakkal District The Executive Engineer (Divisional Engineer) No.5, Mohanur Road Highways Department Office Namakkal District 637 001 The Revenue Divisional Officer RDO Office Namakkal District The Executive Engineer Tamil Nadu Electricity Board Paramathi Road Krishna Complex Namakkal District-1 5.

The Tahsildar Tahsildar Office Namakkal District Page Nos.5/6

M.SUNDAR, J.

HEMANT CHANDANGOUDAR, J.

cad 12.06.2025 Page Nos.6/6