K.M.Manoharan, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-02-2015

CORAM:

THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P. No.3153 of 2015 and M.P. Nos.1 & 2 of 2015 K.M. Manoharan Petitioner Vs.

The District Collector The District Revenue Officer The Revenue Divisional Officer The Tahsildar Thiruporur Taluk Thiruporur The Village Administrative Officer Thaiyur B Village Thiruporur Firka Churc h of Sough India Trust Association represented by its Secretary Rev. T. Devaputhiran No.226, Cathedral Road Chennai 600 086 Indian Institute of Technology, Madras represented by its Registrar Guindy, Chennai 600 036 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, to call for the entire records relating to the notice dated 19.01.2015 issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, by the fifth respondent on behalf of the fourth respondent herein and quash the same and consequently, direct the first respondent to issue patta to

the petitioner to an extent of 7.07 acres in Survey No.1454/1 comprised in Village No.46, Thaiyur "B" Village, Thiruporur Taluk, Kancheepuram District and make necessary entries in the revenue records.

For petitioner Mr. R. Muthukumarasamy, Sr. Counsel for Mr. M. Kempraj For RR 1-5 Mr. P.S. Sivashanmugasundaram Special Government Pleader

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Even according to the learned Senior Counsel appearing for the petitioner, the writ petition has become infructuous. An endorsement to that effect has also been made by the learned counsel for the petitioner and the same is extracted hereunder: "Since Section 7 notice was challenged on 02.02.2015 but subsequently Section 6 notice was issued on 06.02.2015 but served only on 07.02.2015. Against this, thee is a right of appeal u/s 10 of the Act.

Hence, this WP becomes infructuous and with liberty to challenge the subsequent impugned order. Leave may be granted.

This WP may be dismissed as infructuous."

In view of the above, the writ petition is dismissed as having become infructuous. No costs. Connected Miscellaneous Petitions are closed.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar cad To The District Collector

The District Revenue Officer The Revenue Divisional Officer The Tahsildar Thiruporur Taluk Thiruporur The Village Administrative Officer Thaiyur B Village Thiruporur Firka 1 cc to Government Pleader, Sr. 7657 W.P.No.3153 of 2015 RSK (CO) kk 20/2