Francis v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.3830 of 2016 and W.M.P.No.3205 of 2016 Francis
...Petitioner
Vs.
1.The District Collector, Krishnagiri.
2.The Sub-Collector, Hosur, Krishnagiri.
3.The Divisional Engineer, Highways Department, Krishnagiri.
4.The Assistant Divisional Engineer (Highways) Hosur, Krishnagiri.
5.The Assistant Engineer, (O & M) West Division, Tamil Nadu Electricity Board, Hosur - 635 109.
(R5 is suo-motu impleaded as per order dated 02.06.2016)
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus forbearing the respondents, their men, agents and subordinates disturbing the petitioner's peaceful possession and
enjoyment of the land at S.No.57/A2A1 measuring 480 square feet at Shanthi Nagar, Ring Road, Hosur, Krishnagiri except otherwise in accordance with law.
For petitioner : No appearance For respondents : Mr.T.N.C.Kaushik Govt Counsel (for R1 to R4) : Mr.L.Jai Venkatesh Standing Counsel (for R5)
ORDER
(Order of the Court was made by K.KALYANASUNDARAM, J) Though this writ petition has been filed seeking for issuance of a Writ of Mandamus forbearing the respondents from disturbing the petitioner's peaceful possession and enjoyment of the land at S.No.57/A2A1 measuring to an extent of 480 square feet at Shanthi Nagar, Ring Road, Hosur, Krishnagiri, it was found that the petitioner is an encroacher.
2.No representation for the petitioner.
3.The learned Government Counsel appearing for the respondents 1 to 4 Mr.T.N.C.Kaushik would state that the encroachment was already removed.
4.In the light of the above statement of the learned Government Counsel, we are of the opinion that the prayer sought for in this writ petition has become infructuous, Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-VI) // True Copy // Sub Assistant Registrar skn
To 1.The District Collector, Krishnagiri.
2.The Sub-Collector, Hosur, Krishnagiri.
3.The Divisional Engineer, Highways Department, Krishnagiri.
4.The Assistant Divisional Engineer (Highways) Hosur, Krishnagiri.
5.The Assistant Engineer, (O & M) West Division, Tamil Nadu Electricity Board, Hosur - 635 109.
+1CC to Mr.L.Jai Venkatesh, Advocate, SR.No. 49734 +1CC to The Government Pleader, SR.No. 49800 W.P.No.3830 of 2016 and W.M.P.No.3205 of 2016 PA(CO) B.VC (18/10/2021)