Palani v. The Assistant Divisional Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2020
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No. 12043 of 2020 &W.M.P.No. 14775 of 2020 Palani .. Petitioner vs 1.The Assistant Divisional Engineer (Highways), B & C Section, Polur Sub-Division, Polut - 6060 803, Thiruvannamalai District.
2.The District Collector, Collectorate, Thiruvannamalai.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for records pertaining to impugned letter No.900/2018 (Encroachments) dated 06.08.2020 on the file of the first respondent and quash the same and consequently forbearing the respondents from interfering with peaceful possession and enjoyment of petitioner bearing in door number 1/146, measuring 595 Sq. feet (terraced dwelling house) at Adhamangalampudur Village, Kalasapakkam Taluk, Thiruvannamalai District. For Petitioner .. Mr.P.Ganapathy For Respondents .. Mr.R.Vijayakumar Additional Government Pleader
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) Challenging the impugned order by which the petitioner was advised to remove the alleged encroachment within a period of
seven weeks and any failure would result in further action, the present writ petition has been filed.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
3. The learned Additional Government Pleader appearing for the respondents submitted that the issue raised has already been covered by the order in W.P.Nos. 11123 & 11125 of 2020 dated 25.08.2020. The operative portion of the common order reads as under:
"4. In such view of the matter, the writ petitions stand disposed of giving liberty to the petitioners to give reply to the impugned notices dated 06.08.2020 within a period of two weeks from the date of receipt of a copy of this order. On considering the same, a final speaking order will have to be passed by the first respondent within a further period of four weeks thereafter. Needless to state that till such time appropriate final orders are passed, status quo as on today shall be maintained insofar as the possession is concerned. No costs. Consequently, the connected miscellaneous petitions are closed."
4. This writ petition stands disposed of in the same terms as ordered by this Court in the aforesaid order dated 25.08.2020. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The Assistant Divisional Engineer (Highways), B & C Section, Polur Sub-Division, Polut - 6060 803, Thiruvannamalai District.
2. The District Collector, Collectorate, Thiruvannamalai.
+1cc to Mr.R.Ganapathy, Advocate, S.R.No.29564 W.P.No. 12043 of 2020 KK(CO) RV(21/09/2020)