Sekar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.02.2023
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Writ Petition No.18267 of 2018 Sekar
...Petitioner
Versus
1.The District Collector, Perambalur District, Perambalur.
2.The Thasildar, Alathur Taluk, Perambalur District.
3.The Village Administrative Officer, 69, Kannampadi Village, Alathur Taluk, Perambalur.
4.The Superintendent of Police, Perambalur, Perambalur District.
5.The Inspector of Police, Padalur, Perambalur District.
6.Paramasivam 7.Kaliyaperumal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the first respondent to consider the petitioner representation dated 02.07.2018 and to remove the encroachment in Survey No.280/1 at Devendra Kula Street, Kannapadi Village, Alathur Taluk, Perambalur District Pin-621 114 and to pass order on the representation within the stipulated period. For Petitioner : Mr.J.Milton Arul Rajendran. For Respondents : Mr.A.Selvendran, Special Government Pleader for R1 to R5.
No appearance for R6 & R7.
O R D E R
[Order of the Court was made by R.MAHADEVAN,J] The prayer made in this Writ Petition is to issue a Writ of Mandamus, directing the first respondent to remove the encroachment in Survey No.280/1 at Devendra Kula Street, Kannapadi Village, Alathur Taluk, Perambalur District by considering the petitioner's representation dated 02.07.2018.
2.The learned Special Government Pleader appearing for the Respondents 1 to 5 by producing a communication dated 09.02.2023 sent by
the Revenue Tahsildar, Alathur Taluk, submitted that on the basis of the representation made by the petitioner, enquiry was conducted and it was found that there are no encroachments as projected by the petitioner; and that, construction was made within the boundaries, without making any encroachment. The learned counsel further submitted that the suit in O.S.No.50 of 2019 filed by the sixth respondent, has been decided in his favour and hence, there is nothing surviving for further adjudication in this writ petition.
3.In view of the above submission made by the learned Special Government Pleader appearing for the respondent authorities, this Writ Petition stands disposed of leaving it open to the respective parties to work out their remedy in the manner known to law. No costs. (R.M.D.,J) (M.S.Q.,J) 09.02.2023 ay Index:Yes / No Speaking Order / Non-speaking Order
R.MAHADEVAN,J and MOHAMMED SHAFFIQ,J ay Copy To 1.The District Collector, Perambalur District, Perambalur.
2.The Thasildar, Alathur Taluk, Perambalur District.
3.The Village Administrative Officer, 69, Kannampadi Village, Alathur Taluk, Perambalur.
4.The Superintendent of Police, Perambalur, Perambalur District.
5.The Inspector of Police, Padalur, Perambalur District.
Dated: 09.02.2023