Nilgiri Aavin Retired Employee v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.26406 of 2009 and M.P NO.01 of 2009 Nilgiri Aavin Retired Employees Society (R.No:33/2009) Rep. by its Secretary, Mr.K.Balasubramanian, S/o.K.Karuppannan, No:92-B/79, Vinayagar Koil Street, Vannarapet, Coonoor, Nilgiri- 643 101.

... Petitioner Vs.

1. The District Collector, Nilgiri District.

2. The TamilNadu Co-operative Rep.by its Managing Director, Madhavaram Milk Farm Complex, Chennai - 600 051.

3. The Nilgiri District Co-operative Rep. by its General Manager, Aavin Complex, Coonoor Road, Ooty, Nilgiri District.

4. The Thasildar, Ooty Taluk, Ooty, Nilgiri District.

5. N.Sadiq Ali

6. Divakar Ratnam @ Divakar Babu ... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first, second and third respondents to prevent the formation of road and using the same by anybody in the Revenue land comprising in the survey No:238/5 and 238/6 in Masinagudi Village, Ooty Taluk, Nilgiri District and restrained third parties from encroaching this land.

For Petitioner : No Appearance For Respondents : Mrs. V. Selvaraj Additional Government Pleader for R1 & R4 Mr.K.Ramakrishna Reddy for R6 No appearance for R2,R3 & R5

O R D E R

This Writ Petition has been filed seeking to direct the first, second and third respondents to prevent the formation of road and using the same by anybody in the Revenue land comprising in the survey No:238/5 and 238/6 in Masinagudi Village, Ooty Taluk, Nilgiri District and restrained parties from encroaching this land.

2. Since there is no representation for the petitioner repeatedly, on 25.07.2017 this Court directed the Registry to post the matter 'for dismissal' on 02.08.2017. Today also, when the matter was taken up, none appeared on behalf of the petitioner.

3. Therefore, the Writ petition is dismissed for nonprosecution. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar rkp/avr To

1. The District Collector, Nilgiri District.

2. The Managing Director, The TamilNadu Co-operative Madhavaram Milk Farm Complex, Chennai - 600 051.

3. The General Manager, The Nilgiri District Co-operative Aavin Complex, Coonoor Road, Ooty, Nilgiri District.

4. The Thasildar, Ooty Taluk, Ooty, Nilgiri District.

+1cc to Mr.K.Ramakrishna Reddy, Advocate, S.R.No.55764 +1cc to the Government Pleader, S.R.No.55684 W.P.No.26406 of 2009 and M.P NO.01 of 2009 PA(CO) CA(31/08/2017)