John Bosco, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2019

CORAM

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.22613 of 2018 in W.M.P No.26464 of 2018 J.John Bosco .. Petitioner Vs.

1 The District Collector Thiruvannamalai District Thiruvannamalai.

2 The Commissioner Thiruvannamalai Municipality Thiruvannamalai.

3 Y.Johnson 4 A.Arulanantham 5 Alphonse 6 Harikumar Settlement Tahsildar Thiruvannamalai Town Taluk Office Campus Anna Salai, Thiruvannamalai.

7 Neducheyian Town Surveyor Thiruvannamalai Town Taluk Office Campus Anna Salai, Thiruvannamalai.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing respondents 1 and 2 to remove the encroachment on the Municipal Park measuring 6114 Sq.ft. of land situated in Town Survey No. 2418/3A2, Block No. 37, Ward No.17, Sagaya Nagar, Thiruvannamalai Town by respondents 3 to 5 in accordance with The Tamil Nadu Public Premises (Eviction of

Unauthorised) Occupants Act 1975 and consequently direct respondents 1 and 2 to develop the said park. For Petitioner : Mr.P.Shivakumar for M/s.K.M.Vijayan Associates For Respondents : Mr.S.Kamalesh Kannan Government Advocate for respondents 1, 6 and 7 Mr.B.Anand for 2nd respondent No appearance for respondents 3, 4 and 5

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.P.Shivakumar, learned counsel for the petitioner; Mr.S.Kamalesh Kannan, learned Government Advocate for respondents 1, 6 and 7 and Mr.B.Anand, learned counsel for the second respondent.

2. The petitioner is seeking directions to respondents 1 and 2 to remove the encroachment on the Municipal Park measuring 6114 Sq.ft. of land situated in Town Survey No. 2418/3A2, Block No. 37, Ward No.17, Sagaya Nagar, Thiruvannamalai Town. According to the petitioner, the said encroachment has been made by respondents 3 to 5.

3. The learned counsel for the second respondent, i.e., the Commissioner, Thiruvannamalai Municipality, has tendered the affidavit, wherein it is stated that they have removed the encroachment put up by respondents 3 to 5.

In view of the above, nothing further survives in this writ petition. The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.No.26464 of 2018 is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

To:

1 The District Collector Thiruvannamalai District Thiruvannamalai.

2 The Commissioner Thiruvannamalai Municipality Thiruvannamalai.

+1cc to Mr.M.Radhakrishnan, Advocate Sr.16153 +1cc to Mr.K.M.Vijayan Associates, Advocate Sr.16203 +1cc to the Government Pleader Sr.15760 W.P.No.22613 of 2018 sr[co] srg 11/03/2019