R.Sekar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.22403 of 2021 R.Sekar

...Petitioner

Vs.

1. The District Collector, Office of the District Collector,

2. The Thasildar, Office of Thasildar,

3. The Block Development Officer,

4. Panchayat President, Office of the Panchayat President, Manapalli Panchayat,

5. The Inspector of Police, Mohanur Police Station, Mohanur,

6. Vajravel

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the second respondent to remove the encroachment from Cart Track in Survey No.327/1, Manapalli Village, Namakkal District as agreed by the second respondent in Na.Ka.No.1289/2019/A3 dated 13.02.2020 and keep the same for the public use.

For petitioner : Mr.Deepan Uday For respondents : Mrs.Akila Rajendran Govt. Counsel (for R1, R2, R4 & R5) Mr.S.J.Mohammed Sathik Standing Counsel (for R3)

ORDER

(The Order of the Court was made by K.KALYANASUNDARAM,J) The prayer sought for in this writ petition is to issue a Writ of Mandamus directing the second respondent to remove the encroachment made by the 6th respondent in Survey No.327/1, Manapalli Village, Namakkal District.

2.Heard Mr.Deepan Uday, learned counsel for the petitioner, Mrs.Akila Rajendran, learned Government Counsel appearing for the respondents 1, 2, 4 and 5 and Mr.S.J.Mohammed Sathik, learned Standing Counsel appearing for the third respondent. 3.When the matter is taken up for hearing today, the learned counsel for the petitioner as well as the learned counsels appearing for the respondents would state that the encroachment made by the 6th respondent has been removed. In support of the above submission, photographs have been filed. 4.In the light of the above fact, this writ petition is dismissed as infructuous. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar skn To

1. The District Collector, Office of the District Collector,

2. The Thasildar, Office of Thasildar,

3. The Block Development Officer,

4. Panchayat President, Office of the Panchayat President, Manapalli Panchayat,

5. The Inspector of Police, Mohanur Police Station, Mohanur, +1CC to Mr.Deepan Uday, Advocate, Sr.No.54480 +1CC to Mr.Government Pleader, Sr.No.55035 W.P.No.22403 of 2021 SPD (CO) K.RK. (29.11.2021)