Madras High CourtWP/35310/2013dismissed as infructuous

C.R. Francis Xavier v. The Principal Secretary

2018-07-27Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.35310 of 2013 and M.P.No.1 of 2013 C.R.Francis Xavier

...Petitioner

Versus

1. The Principal Secretary and Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

2. The District Collector, Coimbatore District, Coimbatore.

3. The Tahsildar, Coimbatore.

4. The Revenue Divisional Officer, Coimbatore.

5. The District Revenue Officer, Coimbatore.

6. The Assistant Director, District Land Survey Office, Coimbatore.

.. Respondents Prayer:

The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the 4th respondent to conduct an enquiry and pass orders in the Appeal Petition of the petitioner vide Office File No.5832/09/A2, after affording an opportunity to the petitioner to participate and submit documentary evidence, within a time frame that may be fixed by this Court and further forbear the respondents or their men or agents or any one claiming under them from taking any measures to dispossess the petitioner from the lands in survey numbers 661/1, 661/4 and 678/3 in Periyanaickenpalayam Sub-Registration District of No.5, Billichi Village of Coimbatore Taluk, Coimbatore District, pending final orders by the 4th respondent in the Appeal Petition of the petitioner vide Office File No.5832/09/A2.

For Petitioner : Ms.P.Buvaneswari For Respondents : Mr.V.Shanmuga Sundar Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

O R D E R

Heard Ms.P.Buvaneswari, learned counsel for the petitioner and Mr.V.Shanmuga Sundar, learned Special Government Pleader for the respondents.

2.The petitioner has come forward with this writ petition seeking for issuance of a writ of mandamus, directing the fourth respondent to conduct an enquiry and pass orders in the Appeal Petition of the petitioner vide Office File No.5832/09/A2.

3. The learned Special Government Pleader appearing for the respondents submitted that the Appeal Petition of the petitioner was disposed of by the fifth respondent on 28.5.2018 and the prayer sought for in this writ petition has become infructuous.

4. Recording the above submissions, the writ petition is dismissed as having become infructuous. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ms To