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Madras High CourtWP/17714/2023disposed of

Tamilselvi v. The District Collector

2023-10-11Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP Nos.16809 and 16915 of 2023 Tamilselvi .. Petitioner -vs1. The District Collector, District Collector Office, Namakkal District.

2. The Tahsildar, Mohanur Taluk, Namakkal District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned eviction notice dated 27.01.2023 issued by the 2nd respondent U/s 6 of Tamil Nadu Land Encroachment Act-1905 and rejection order passed by the 1st respondent vide proceedings in Na.Ka.No.9303/2023/L 5 dated 19.05.2023 in the appeal preferred by the petitioner and quash the same and further direct the respondents and his subordinates not to disturb the petitioner's peaceful possession

and enjoyment of the property bearing Survey No.210/56 situated at S.Vazhavanthi Village, Mohanur Taluk, Namakkal District. For the Petitioner :

Mr.M.Saravanan For the Respondents :

Mrs.R.Anitha, Special Government Pleader * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.Saravanan, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader, for the respondents.

2. The learned counsel for the petitioner submits that now the encroachment has been removed and nothing survives in the writ petition.

3. In view of that, the writ petition is disposed of. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed.

4. The learned counsel for the petitioner submits that civil suit is filed. The petitioner may be granted leave to prosecute the same. If the civil suit is pending, it is for the petitioner to prosecute the same in accordance with law.

(S.V.G., CJ.) (D.B.C., J.) 11.10.2023 Index : Yes/No : Yes/No sra To

1. The District Collector, District Collector Office, Namakkal District.

2. The Tahsildar, Mohanur Taluk, Namakkal District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) 11.10.2023